NSC RFE on I-485 -- Please help!

6

6yrs&Counting

Registered Users (C)
Hi,

My Firm lawyers just emailed me that the RFE is asking for the copies of my & my wife's I-94 cards with the Entry Stamp of our last entry into the US in May 2006.

We'd gone to Canada for the H1-B / H-4 Extension, and while re-entering, I did not notice, they NEVER STAMPED the re-entry, Nor did they include the White I-94 Card.

I explained this to the lawyer, and she suggested that I write this down, get it Notarized, and we submit that with the RFE response.

I asked her if this would be fine, and she said "I hope so, I cannot predict, but let's hope for the best"

I found this to be the stupidest response ever from a lawyer. I'm sure this cannot be the only time something like this has happened, so, am reaching out to you gurus / lawyers for advice and help.

Thank you,

Vikas
 
6yrs&Counting said:
Hi,

My Firm lawyers just emailed me that the RFE is asking for the copies of my & my wife's I-94 cards with the Entry Stamp of our last entry into the US in May 2006.

We'd gone to Canada for the H1-B / H-4 Extension, and while re-entering, I did not notice, they NEVER STAMPED the re-entry, Nor did they include the White I-94 Card.

I explained this to the lawyer, and she suggested that I write this down, get it Notarized, and we submit that with the RFE response.

I asked her if this would be fine, and she said "I hope so, I cannot predict, but let's hope for the best"

I found this to be the stupidest response ever from a lawyer. I'm sure this cannot be the only time something like this has happened, so, am reaching out to you gurus / lawyers for advice and help.

Thank you,

Vikas
Click to expand...

Your attorney is correct

http://www.murthy.com/news/uk485can.html
 
It depends

Your attorney is right since it is very subjective, it depends on the officer, if she/he considers the notarized document as sufficient evidence.

Let's hope for te best! I wish you luck!
 
a question

6yrs&Counting,

I have one question to help you handle your RFE: When you went to Canada for the H-1 visa extension, did you surrender your I-94?

6yrs&Counting said:
Hi,

My Firm lawyers just emailed me that the RFE is asking for the copies of my & my wife's I-94 cards with the Entry Stamp of our last entry into the US in May 2006.

We'd gone to Canada for the H1-B / H-4 Extension, and while re-entering, I did not notice, they NEVER STAMPED the re-entry, Nor did they include the White I-94 Card.

I explained this to the lawyer, and she suggested that I write this down, get it Notarized, and we submit that with the RFE response.

I asked her if this would be fine, and she said "I hope so, I cannot predict, but let's hope for the best"

I found this to be the stupidest response ever from a lawyer. I'm sure this cannot be the only time something like this has happened, so, am reaching out to you gurus / lawyers for advice and help.

Thank you,

Vikas
Click to expand...
 
6yrs&Counting said:
Hi,

My Firm lawyers just emailed me that the RFE is asking for the copies of my & my wife's I-94 cards with the Entry Stamp of our last entry into the US in May 2006.

We'd gone to Canada for the H1-B / H-4 Extension, and while re-entering, I did not notice, they NEVER STAMPED the re-entry, Nor did they include the White I-94 Card.
------------- did you got H1 and H4 visa stamps in Canada? if yes then you were supposed to get new I-94 till your new H1 and H4 visa validy stamps. if you both have valid I-94 at this time till what date they are valid??? did you both file I-485 BEFORE you went to Canada?? if yes then explain on letter and submit as lawyer suggested

I explained this to the lawyer, and she suggested that I write this down, get it Notarized, and we submit that with the RFE response.

I asked her if this would be fine, and she said "I hope so, I cannot predict, but let's hope for the best"

I found this to be the stupidest response ever from a lawyer. I'm sure this cannot be the only time something like this has happened, so, am reaching out to you gurus / lawyers for advice and help.

Thank you,

Vikas
Click to expand...
 
Update

Hi Freemann,

Yes, I did surrender my I-94 when I went to Canada...just didn't get a new one nor a re-entry stamp.

I did have a conversation with the Lead Immigration Attorney, and she sounded very positive saying this is very normal for Canada....many people do not get this. So, no issues at all......asked me to send the notarized letter and said it should be absolutely fine.

Thanks all you guys for your help!
 
i had a similar experience at the canadian border.... some say the onus is on you, even if waived thru, to go into the immigration office and get a stamped I-94!
 
Last edited by a moderator:
Good luck!

6yrs&Counting,

Thanks for the hint! I wish you the best of luck with your reply. Take care and keep us posted when you hear good news!

6yrs&Counting said:
Hi Freemann,

Yes, I did surrender my I-94 when I went to Canada...just didn't get a new one nor a re-entry stamp.

I did have a conversation with the Lead Immigration Attorney, and she sounded very positive saying this is very normal for Canada....many people do not get this. So, no issues at all......asked me to send the notarized letter and said it should be absolutely fine.

Thanks all you guys for your help!
Click to expand...
 
Hi 6yrs&Counting,

Today I got the same RFE as yours about entering canada and retruning back to USA with out stamping new I485.

Would you please update me if the letter was the only thing sent to USCIS? Did they response back to the RFE reply ?

your advice is really appricated.

thanks,
 
GreenCard2010 said:
Hi 6yrs&Counting,

Today I got the same RFE as yours about entering canada and retruning back to USA with out stamping new I485.
---------------with out stamping new I485????
Would you please update me if the letter was the only thing sent to USCIS? Did they response back to the RFE reply ?

your advice is really appricated.

thanks,
Click to expand...
 
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