No FP yet and now RFE!

[Fgsilva]

I'm not sure if it is 60 from RD or ND. but I'm sure calling on 10/17 if I still haven't heard from them. In your case are you calling on 10/16 since your RD is 8/16? Interesting that we're just a day apart! It least it shows consistency in our cases. Although you didn't get RFE, did you?

Fgsilva,

Do you intend to call them for finger print status next week if there is still no notice for it? I thought you mentioned once that we can check fp status 60 days after the RD.

 

[braniand]

If you let us know what kind of documents you filed with your I-485, we will be able to try and tell you what the RFE could be about. Maybe you are missing something important. You filed recently, which means you are missing something from the required initial evidence.

 

[Fgsilva]

well I added:
0. form 485, G325A and I593 (now, my copy of the medical examination only shows the docs signature. they didn't put the name and address! could that be it???)
1. COpy of all 140 related receipts
2. copy of all H1B related documents
3. Copies of 3 latest W2
4. Copy of 3 latest tax return
5. Copy of 3 latest pay checks
6. Copy of I20 from the second university I attended (I could only find this one at the time; I had attended a different school for the first 18 months that I was in the US; that could be another posiibility!)
7. copy of my EAD card for F1 practical training
8. copy of birth certificate and translation
9. copy of social security and driver's license
10. copy of I-94 card
11. copy of all pages of passports (the current and the expired passport
12. two photos ( I wrote in the back with pen, not pencil...)
13. letter from my employee stating that I 've worked with them since 1997. Now the letter didn't describe my duties or mentioned my salary (I got the wrong secretary to right it!). I didn't mention anything before that since the form only asks for employment for the past 5 years. before 1997 I had a scholarship from my home country.

Now, I made color copies of everything that I could.

There you go! Any input will be appreciated. But most likely I'll be getting the letter either today or tomorrow (since yesterday was a federal holliday, maybe tomorrow).

If you let us know what kind of documents you filed with your I-485, we will be able to try and tell you what the RFE could be about. Maybe you are missing something important. You filed recently, which means you are missing something from the required initial evidence.

 

[Fgsilva]

woo hoo! My LUD changed again. Probably because they're cross checking my 765 (applied online last week) with my 485! Or, hopefully, because they'll be sending me an FP appointment! One can only wish!!

 

[Fgsilva]

And here's the RFE!!

Hi all,

got the RFE letter today. It says:
"Submit evidence of all work authorization since xx/xx/1997 t othe present.
To establish your nonimmigrant status, you must submit a copy of your Form I-94, nonimmigrant Arrival/departure record, issued ot you upon your arrival to the US. Make sure to copy both the front and back sides of the Form I94.

If your form I-94 is not available, you must explain what became of the form and submit a copy of the personal information from yhour passport and those pages endorsed by immigration officials establishing your admission(s) or parole into the United states.

If applicable, include a copy of all petition/aplication approval notices (Form I-797) issued to you by this service granting extensions or change of nonimmigrant status."

I thought I had already submitted all of the above!!!! I'm concerned though that I only had my F1 practical trainer and H1B from 6 years from now. Before that I was a grad student in the same department where I'm working. So, I didn't show any other proof of work authorization other than my I-20. I know for certain that I already submitted copy of my I-94 so I have no clue why they're asking for it again! I have even already sent ALL pages of my passport showing the dates I entered the US which should have already addressed the issue even if I had not sent the I-94! It is quite strange to get RFE for something that was already submitted! I guess I'll have to send it again!


Now, I did lose the approval notice for my practical training EAD. I only have the receipt for application and a copy of the actualy EAD. Thought that would be necessary.

Anyway, comments?

 

[cbr_139]

Hi Fgsilva

Did you receive any envelope to send the RFE response?

I hope that everything works out ok with your case.

 

[Fgsilva]

yes, it did come with an envelope. inside it has a sticker with a bar code and my case LIN number.

Hi Fgsilva

Did you receive any envelope to send the RFE response?

I hope that everything works out ok with your case.

 

[braniand]

Well, I think everything will be simple if you have a good list and a COPY of all forms and evidence you have sent them. Here is what I think from the details available:
1. Who sent the application you or attorney?
2. Do you have a COPY of the whole package, page by page in the exact order sent to them? If not it will be extremely difficult to guess what you have given them
3. Let's assume you do not have a copy of exact file. Then we have to assume they do not have your I-94, and previous notices of approval of H1b. I see you submitted 3 yrs tax returns, 3 yrs W2s, and 3 paystubs. I see people do that very often which is not a requirement, and instead they neglect to prove their status here.
4. If we assume you did submit I-94, you probably did not submit a copy of both front and back of it. Most probably you just submitted front. That is why they want it or the assumtion they never got anything.
5. Reading the RFE, it is very very simple. They do not have proof of your status. Submit front and back of I-94, submit again copy of I-20 and copy of EAD (no matter that you have given them). Also submit all approval notices of H1b. That way you will prove your status. Sumbitting copies of passport is requirement too, but they cannot judge about your status from this. Again it does not matter if you have submitted any of these forms above. Submit them again. Make a nice pile starting with front page of passport, stamps in passport, I-94 front and back, H1b approval notices, I-20 copy, EAD optional traingin copy. Prepare a short cover letter, stating what you include.

Another issue I see is your employment letter is not in good format. All applications based on employment petition must submit with I-485 Employment verification letter which contains SALARY, and reads that terms and conditions of employment still exist, and your future with the company is good. I do not believe you have given them this. If so, I would suggest be PROACTIVE, do submit a new employment verification letter containing all necessary (read form I-485 instructions), with your reply to the RFE. This way you will save yourself another RFE at a later stage.

Hope this helps. Good luck!

 

[Fgsilva]

Great posting! thanks. more comments after each question.

Well, I think everything will be simple if you have a good list and a COPY of all forms and evidence you have sent them. Here is what I think from the details available:
1. Who sent the application you or attorney?
I did.

2. Do you have a COPY of the whole package, page by page in the exact order sent to them? If not it will be extremely difficult to guess what you have given them
always!! right before submitting it, I copy it all in the same order as they are. That's why I know for a fact that all documents asked where there already. I think because they were not in the order the officer wanted, he/she sent an RFE!

3. Let's assume you do not have a copy of exact file. Then we have to assume they do not have your I-94, and previous notices of approval of H1b. I see you submitted 3 yrs tax returns, 3 yrs W2s, and 3 paystubs. I see people do that very often which is not a requirement, and instead they neglect to prove their status here.
Nope. submitted it all!

4. If we assume you did submit I-94, you probably did not submit a copy of both front and back of it. Most probably you just submitted front. That is why they want it or the assumtion they never got anything.
both front and back were submitted!

5. Reading the RFE, it is very very simple. They do not have proof of your status. Submit front and back of I-94, submit again copy of I-20 and copy of EAD (no matter that you have given them). Also submit all approval notices of H1b. That way you will prove your status. Sumbitting copies of passport is requirement too, but they cannot judge about your status from this. Again it does not matter if you have submitted any of these forms above. Submit them again. Make a nice pile starting with front page of passport, stamps in passport, I-94 front and back, H1b approval notices, I-20 copy, EAD optional traingin copy. Prepare a short cover letter, stating what you include.

Exactly what I am going to do. Just write a letter replying exactly to waht they ask and resend the documents. Since I already have it all (well, except the approval notice for my EAD, though I do have a copy of the card which should suffice!) i'll ber sending it all today.



Another issue I see is your employment letter is not in good format. All applications based on employment petition must submit with I-485 Employment verification letter which contains SALARY, and reads that terms and conditions of employment still exist, and your future with the company is good. I do not believe you have given them this. If so, I would suggest be PROACTIVE, do submit a new employment verification letter containing all necessary (read form I-485 instructions), with your reply to the RFE. This way you will save yourself another RFE at a later stage.
Yep. My new letter will show ALL the different positions I had in the department, with the dates, and types of visa, etc.

Now, the bright side again is to see that somebody may be working on my case. Although I'm not really sure they are reading my packet since they couldn't spot the I-94 in it!!!


Hope this helps. Good luck!

oH YEAH, now I wonder how am I gonna fit all those documents again in the tiny envelope they sent for me to reply back!

 

[braniand]

Hi again, I read your last post. Be careful with the employment letter. You said you will include in it all position you held. Did you have all different H1Bs for these positions?

Also an employment letter does not have to cover all your positions. It only covers the position for which your LC was, and the salary that was offered on the LC. This is the only thing it should have. Please read CAREFULLY I-485. You are taking it WRONG! And if you want to submit an additional letter about all your work experience and all positions you had, do that in a separate letter. This one is different. It is a standard requirement. Again see if you had H1B approvals for each and every position you had, besides ones that were covered under OPT.

Oh, and as far as the envelope, use a big envelope, and stick the small envelope they gave you on the front of the big envelope. That way you will keep the barcordes and all!
Good luck!

 

[Fgsilva]

Thanks. Not sure if I'll add the bit on the dates for all the places I've been to since they didn't ask for that, but only for my I-94.

Now, to clarify the story. When I asked my employee (the same department where I got my Phd and I'm no a postdoc) the secretary wrote in the letter that I was with the department since 1997. Well, the period from 1997 to 2001 I was a grad student and I was being payed by the department. My opt didn't start till 01 and then my H1b till 02. I guess I should have asked her to change the date on the letter to reflect just my OPT and H1B. But instead I put that date as my employment date on the I-485. I'm explaining on my RFE letter that for that period the fact that I had I-20 allows me to work based on the Code of Federal Regulations, 8 CFR 214.2(f)(9)(i), which is even listed on the immigration web site.

You should have submitted a statement summarizing your "visa status and employment in the US" covering the whole period since you first entered US with all the supporting documents. I also listed all the dates and ports on entry of my foreign trips. Present them clean and nicely. Include all the detailed you feel necessary. The burden is on you to prove that you have here legally and have worked with proper authorization. Your work starting date xx/xx/1997 should be on and after your OPT start date. Make sure that. For EAD, there is no approval notice.

Explain a little bit more about your concern when you say "I'm concerned though that I only had my F1 practical trainer and H1B from 6 years from now. Before that I was a grad student in the same department where I'm working. So, I didn't show any other proof of work authorization other than my I-20."

 

[Fgsilva]

Here's how I am listing it:

A) for 1997-2001: Grad student work under F1 Visa status as allowed by the Code of Federal Regulations, 8 CFR 214.2(f)(9)(i).
B) xx2001-xx2002: Worked as post doc under OPT; 8 CFR 214.2 (f)(10)(ii)
C) 2002 till present: work as postdoc with H1B.

My employer's letter is saying the same. Is that bad? Because I did put the 1997 date (read above posting) even though it appears from your comments I shouldn't I don't think I can now change it on my I-485. I think it would be more complicated to try to change it, instead of just showing the officer that I was allowed to receive a salary from the department during that period as a graduate student.

Not sure what you mean by "different H1Bs". All these years I've been in the same department. For the first year i used the OPT; for the second year on I've been using the H1B visa. It was approved initialy for 3 years and then renewed for 3 more years. The WAC numbers are different though but I believe the second H1B is considered an extension of the first one, isn't it?

And by the way, thank you very much for your reply!

Hi again, I read your last post. Be careful with the employment letter. You said you will include in it all position you held. Did you have all different H1Bs for these positions?

Also an employment letter does not have to cover all your positions. It only covers the position for which your LC was, and the salary that was offered on the LC. This is the only thing it should have. Please read CAREFULLY I-485. You are taking it WRONG! And if you want to submit an additional letter about all your work experience and all positions you had, do that in a separate letter. This one is different. It is a standard requirement. Again see if you had H1B approvals for each and every position you had, besides ones that were covered under OPT.

Oh, and as far as the envelope, use a big envelope, and stick the small envelope they gave you on the front of the big envelope. That way you will keep the barcordes and all!
Good luck!

 

[braniand]

Wow, if there is any logic in the RFE, now I am starting to understand why they want proof of all employment authorization since 1997. Because you told them so ... They want to see how and why and who told you to work while studying. Yes, you are authorized to work, but only on campus, and only part-time. Now you have to explain all this. And who paid you, how they paid you, long story. Are you still working for the university where you studied?

That is why it is important to give all the facts, now it all makes sense to me, including the RFE. Yes, they do have all the documents there, but they are questioning your being allowed to work since 1997, and want you to prove and show it all to them. You have to definitely provide different letters from the different periods, meaning while in school, while in OPT, while in H1B. I guess the most important is in school, and it has to show you only worked part-time. The OPT has to be related to your major, and the H1B has to be related to your approved application for H1B. I believe you have a lot of homework to do, and this is besides giving them the I-94.

Good luck!

 

[Fgsilva]

Luckily, yes I am still at the same place. That's why I was going to have a single letter from the department with a detailed description of all the titles I had since 1997 and why.

I think the I-94 was just to add something else to not make the RFE too small! It's already there in my original application, described in the index of documents and then as part of the documents!!!

Wow, if there is any logic in the RFE, now I am starting to understand why they want proof of all employment authorization since 1997. Because you told them so ... They want to see how and why and who told you to work while studying. Yes, you are authorized to work, but only on campus, and only part-time. Now you have to explain all this. And who paid you, how they paid you, long story. Are you still working for the university where you studied?

That is why it is important to give all the facts, now it all makes sense to me, including the RFE. Yes, they do have all the documents there, but they are questioning your being allowed to work since 1997, and want you to prove and show it all to them. You have to definitely provide different letters from the different periods, meaning while in school, while in OPT, while in H1B. I guess the most important is in school, and it has to show you only worked part-time. The OPT has to be related to your major, and the H1B has to be related to your approved application for H1B. I believe you have a lot of homework to do, and this is besides giving them the I-94.




Good luck!

 

[antonioa77]

Luckily, yes I am still at the same place. That's why I was going to have a single letter from the department with a detailed description of all the titles I had since 1997 and why.

I think the I-94 was just to add something else to not make the RFE too small! It's already there in my original application, described in the index of documents and then as part of the documents!!!

the good thing about RFE is that at least they started processing ur application. but the weird thing is that after almost 2 months of sending ur application, they didn't set u FP appointmnent.

it will be also nice if u call USCIS and ask them if they initiate ur name check or they are waiting to initiate once u do ur FP.

is the rfe coming from an officer ,who picked up ur application and will process it, or from the mail room where they check the whole documentation before they sent it to an officer before he process it?
i mean is there a code of an officer in ur RFE?

 

[Fgsilva]

unfortunately, when I call them the person on the general line does not know anything more than what I can see online (ie.., the fact that I got an RFE!). So, there's no way for me to know if they're doing the name check or not! I asked today again about FP and all that the person could say (and they were even at NSC actually) they have up to 6 months to schedule that!!!


My RFE letter was signed by an acting director. at the end of it, it says "NSC/DMW EXxxx" NOt sure if this is the officer's number.

Now, after I reread the intro it almost looks like it was something that came from the "mail room" as it starts with "The documentation submitted is not sufficient to warrant favorable consideration of your petition/application."

the good thing about RFE is that at least they started processing ur application. but the weird thing is that after almost 2 months of sending ur application, they didn't set u FP appointmnent.

it will be also nice if u call USCIS and ask them if they initiate ur name check or they are waiting to initiate once u do ur FP.

is the rfe coming from an officer ,who picked up ur application and will process it, or from the mail room where they check the whole documentation before they sent it to an officer before he process it?
i mean is there a code of an officer in ur RFE?

 

[Fgsilva]

Response sent

OK. Response sent. They should be getting it tomorrow by noon. More to come!

 

[Fgsilva]

They got it. Just received FIVE emails with the usual message. It always amazes me that they send 3-5 emails saying the same every time. I wonder why??? 2 emails from USCIS-CSSO and 3 from CRIS. we'll see what will happen with my case now...

 

[braniand]

Please keep us posted. And I notice you are one of the lucky ones to finally get your FP appointment. Hopefully, you will be done soon.

 

[Fgsilva]

The FP (code 2) I got was actually for the I765 which I applied online after the 485. I have no clue if they'll be asking for another FP (code 3?) specifically for my 485. But, I was pleased to get the notice from them within a day that they received my reply to RFE. For TSC it took them a week before they acknowleged receipt.

Please keep us posted. And I notice you are one of the lucky ones to finally get your FP appointment. Hopefully, you will be done soon.