Please help me with my wife's RFE!!

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getit

Registered Users (C)
I received my wife's RFE today (she applired I485 as dependent), detailed info is as follows:

Please submit proof of you continuous employment authorization in US from Oct. 2,2003 to the present.
Also, the record shows that your nonimmigration status was changed from F1 to H1B, with validity period of Nov. 29, 2000 to Oct. 2, 2003. However, Your form G325A, "Biographic Information" indicates that you did not begin working for you H1B employer until Jan of 2001. Please submit proof that you were maintaining your H1B status(i.e. working for your H1B employer) between Nov. 2000 and Jan 2001.

My wife applied H1B which is effetive from Nov 29,2000 and started her working from Jan 8,2001. Her employer asked her to get started on Jan 8,2001. How to explain to INS? Also she renewed her H1B from Oct 2,2003. What do we need to send to INS to prove she is still working for her employer?

I apprecaite any inputs?
 
There are 2 questions to be answered here:
1. The company's attorney and HR department need to explain why did they apply for an H1B prior to start of work? the reason is that one cannot maintain a temporary worker visa without actually working.
The only condition is that she (with F1 visa) was working for the University she was studying at (with propper approval, of course) for up to 20 hours, and the University is the employer who applyed for the H1B visa. Then, it might be a procedural delay, in which case, the University needs to admit to that and explain. If the new emplyer is not the University, it will need to explain the gap. Work with you attorney and the workplace attorney to come up with an explenation.

2. If the employer extended the H1B visa, please ask for the approval letter. That should take care of that part. It has the employer's name and address (which is the same as the original one), and your wife's name and A#, which is the same one. This way you can show continuity, and not out of status. If you do not have a copy, ask the employer to provide it, I don't see any reason why they wouldn't.

Good luck,
 
getit said:
I received my wife's RFE today (she applired I485 as dependent), detailed info is as follows:

Please submit proof of you continuous employment authorization in US from Oct. 2,2003 to the present.
Also, the record shows that your nonimmigration status was changed from F1 to H1B, with validity period of Nov. 29, 2000 to Oct. 2, 2003. However, Your form G325A, "Biographic Information" indicates that you did not begin working for you H1B employer until Jan of 2001. Please submit proof that you were maintaining your H1B status(i.e. working for your H1B employer) between Nov. 2000 and Jan 2001.

My wife applied H1B which is effetive from Nov 29,2000 and started her working from Jan 8,2001. Her employer asked her to get started on Jan 8,2001. How to explain to INS? Also she renewed her H1B from Oct 2,2003. What do we need to send to INS to prove she is still working for her employer?

I apprecaite any inputs?
Click to expand...

It would be best to have a lawyer analyze the details and respond accordingly.

Some things to consider though,
- Even though the start date in H1B approval notice is Nov 29, 2000, it is possible that your wife received her H1B approval notice later than Nov 29, 2000. This was certainly true for all of my H1B approval notices. Towards the end of 2000, while it was possible to start work after getting the H1B filing receipt notice I am not sure if it was mandatory and also if that was the case for a new H1B as well.
- Her F1 might still have been valid until she started work for the company that sponsored the H1B. But I have no idea about this.
- For the second H1B, you just need to provide a copy of the approval notice to the USCIS. This is normal as it was perhaps applied and approved after 485 was filed.

With just one month gap (Dec 2000) I am surprised to note that the officer is being very strict. It would be best for you to work with her company and the lawyer to prepare a response. If her employer did not start the job on time, I am afraid even the employer can be found at fault and may be fined and asked to pay back wages. While financially that may be welcome for you and her, it might make the case complex. So, in my opinion, her employer needs to put up a good case in the response especially if you are saying that her employer advised her to start at a later date that the H1B approval date.

Good luck!!!
 
Thank you for you guys response. I am working with my lawyer for this issue.

I was told that applicant can start his(her) work within 2 months after H1B approval, if so, my wife is fine. We just need to provide with an explanation and a copy of the ACT. Actually, the date showed on her degree is Dec 22, 2000, only 16 days difference before she started her work. My lawyer asked her to copy her degree certificate.

Thnaks again.
 
Another possibility is her SSN. When did she get/change her SSN. See if that date will be of any help.
 
wilaborgc said:
Another possibility is her SSN. When did she get/change her SSN. See if that date will be of any help.
Click to expand...
She got her SSN before me and never changed it.
 
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