Questions on the INS' RFE for my I-539 Application

I

immiqa

New Member
Hi all,

I have recently received a notice, Requesting for Additional Evidence or Information for my I-539 Application, from INS Vermont Service Center. I kept H1-B till Dec 27 2002 and was laid off thereafter. I received my last paycheck, which is for the period of Dec 16 through Dec 27, at the beginning 2003. The INS received my I-539 Application on Dec 24 2002. I filed I-485 last Sept. The receipt date of my I-485 is Sept 16 2002, and notice date is Sept 24, 2002. My I-485 is a derivative one while my wife’s is based on an I-140 for EB12. The following is a list of what the INS requested and my questions:

1) In Part 4. Additional Information of your I-539 application for a change of status to H-4, you answered “yes” to the question on whether you have filed a Form I-485 been filed by you. Please submit a full, detailed explanation for your response.
My question: What is actually the INS requested? Basically, what must be included in such a “full and detailed explanation” in my case?

2) Submit your most recent documentation that you had maintained your H1 status.
My question: Is it enough to just provide a copy of my last pay check? If NOT, what else do I have to provide?

3) Submit a statement in which you describe your intention concerning departure from the United States.
My question: What do I have to include in such a statement? Do I have to give an affirmative statement in order to have my I-539 approved? If I give an affrmative statement, does it affect my I-495? Why the INS require such a statement? Does it mean I have to leave the US, anyway, sometime in the future to obtain a visa overseas?

The following are my further questions on I-539 applications:

4) If I leave the US, what happens to my I-539 application? Will it be voided and, so, I am out of status from the date of my last employment date through the date I leave the US?
5) Is it possible for me to get an H4 visa overseas? (I am out of status for over 2 months if I leave the US now without my current I-539 approved and will this condition be a fatally detrimental reason to my visa application?)

Please give me your experience and/or advices! Thank you, all!
 
Hi,

can you post the list of doc's you used to file for H1-H4 and also the doc's send along with I-485 when you applied as a spouse.
 
Hi Vnand,

Thanks for your reply. The following is a list of the documents in my I-539 application (exchanged status to H4):

1. Check of $140 for application fee
2. I-539 form
3. Important Document Information
4. Copy of I797A for H1B1 of my wife Ni Huiping SON
5. Copy of last I94 of my wife
6. Copy of employment letter of my wife
7. Copy of lastest 5 pay checks of my wife
8. Notarized English translation and copy of marriage certificate
9. Copy of ID page of my passport and front and back sides of my previous I-94
10. Copy of my current I-94 (from I797A of my H1B1)

A list of the documents in my I-485 application is as follows:

1. Payment checks and photos ($255 for application fee and $50 for fingerprinting fee); tow photos
2. I-485 Application to Register Permanent Residence or to Adjust Status
3. I-864 Affidavit of Support
4. I-864A Contract Between Sponsor and Household Member
5. G-325A Biographic Information
6. Affidavit for Copies of Documents provided
7. Notice of Action for Receipt of I-140 (photocopy)
8. I-797 Notice of Action for J-1 waiver approval (photocopy)
9. Passport page with personal data (photocopy)
10. Passport page with nonimmigrant visa and I-94 forms (for either the last J-2 entry and H-1B) (photocopy)
11. Marriage certificate: English translation and the photocopy of the Notarized certificate in Chinese
12. Pay Statements (bi-weekly for over 3 months) (photocopies)
13. W-2 (Years 2001 and 2000) (photocopies)
14. Tax Returns of 2001 and 2000 (photocopies)
15. Birth certificate: English translation and photocopy of the notarized birth certificate in Chinese
16. Bank Account Statements: last 3 months (photocopies)
17. I-693 Medical Examination of Aliens

Thanks again and look forward to hearing from you soon!
 
It was not good netiquette to ask somebody posting a serious question to ask another different question before the original question was answered....

1. Proof of 485 filed, like I485 receipt. I think INS is concerned that you had an employment based 485 and with change of visa to h4 your 485 application (if employment based) will be void. MORE IMPORTANT if your 485 is pending you dont need to change to h4, EAD and AP will cover you. Why do you need change to h4?

2. paycheck is enough. Termination leter will also help

3. The intent of departure examines why you want to vacillate between the immigrant position and technically NIV h4. If you want to abandon 485, then you have to state that you will leave US at the end of h1 (and h4) expiry date

4. Abandoned. 485 protects your status from sept 16 02. All u need is an AP to come back into US (get it before going out of US) and EAD to work when 485 is pending.

Once again understand the process before drawing conclusions. I wont even bother answering 5
 
Any third way to keep both?

Hello Jaxen,

Thanks for your information and comments! It gives me a view to understand what the INS wanted.

I would like to have your further help. But first I would like you to know my consideration on

keeping an H4 status: in case my I-485 fails, I am still in status of H4 and can stay in the US

without any problems at that time. According to your comments on my question 3, it seems that a

pending i485 and an i539 for change status to H4 kill each other: if I want to have my i539 approved,

I have to give a statement to leave the US, which the INS uses it to void my i485; if I want to keep my i485, I can not make such a statement but the INS cannot approve my i539 without such a statement. H (visa and/or status?) is said to be allowed to have dual intentions: immigrant and nonimmigrant; is there a third way to keep both? Thank you for your attention and look forward to hearing from you soon!
 
question

I am sorry to ask....but what service cnter was the application filed ?

thanks
buckleup1
 
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