I have applied I-485 for me and my wife in AUG 8, 2002. We had 2nd FP done in July 21, 2004 and I got an approval on 7th Sept 2004 and they have issued and RFE for my wife.
She came to US on H-4 (which was valid until Sept 2002) status in April 2001 and she changed the status to H1-B in Sept 2001. She got laid-off by end of Jan 2002. When I spoke to my lawyer about whether I should apply for her H-4(I-539) right away or not, he said "since you have the valid H1-B no need of doing that and she will be automatically comes to H-4". In June 2002(3 months before my H1-B expires), I have applied for my H1-B and H-4(I-539) for my wife.
This what UCIS(INS) is Requesting for....
A. Sumbit a clear copy of photo identity document such as passport showing your picture and name, and date of Birth, or a driver's license, or another type of Photo I.D.
B. The evidence does not clearly establish that you were maintaaining your nonimmigrant status at the time this application was filed. Specifically, you last entered the US on Apr 2001, in H-4 dependant status. You then changed your status to that of an H1-B nonimmigrant worker, effective Sept 2001 and valid through Aug 2004, finally, you filed a Form I-539, Application to Extend/Change Nonimmigrant status, on June 26, 2002, which was still pending at the time this application was filed two weeks later on Aug 8, 2002. It was ultimately approved on Aug 28, 2002 granting you H-4 status from Sept 21, 2002 through Sept 15, 2004. Therefore, you were in H1-B status from Sept 15, 2001 until your status was changed back to H-4 as of Sept 21, 2002, and were in H1-B status at the time this application was filed on Aug 8, 2002. However, it does not appear that you were maintaining this status. On the Form G-325, Biographic Information, submitted, you indicate that you ceased your employment with H1-B petetioner in Jan 2002, seven months prior to filing of this application. If you were no longer employed, you were not maintaing your H1-B status. The service considers the most recent status given to be your current status, so you could not revert back to the previously granted H-4 status without an I-539 application. As mensioned above, such application was not filed until June 26, 2002, and did not grant you H-4 status until Sept 21, 2002. Therefore, it appears that you were out of status at the time this application was filed.
I got this information today from my lawyer's office and I haven't spoke to my lawyer about it yet.
Did any one have seen this kind of RFE before? Please post your opinions and suggestions about how I should respond.
many thanks in advance.
She came to US on H-4 (which was valid until Sept 2002) status in April 2001 and she changed the status to H1-B in Sept 2001. She got laid-off by end of Jan 2002. When I spoke to my lawyer about whether I should apply for her H-4(I-539) right away or not, he said "since you have the valid H1-B no need of doing that and she will be automatically comes to H-4". In June 2002(3 months before my H1-B expires), I have applied for my H1-B and H-4(I-539) for my wife.
This what UCIS(INS) is Requesting for....
A. Sumbit a clear copy of photo identity document such as passport showing your picture and name, and date of Birth, or a driver's license, or another type of Photo I.D.
B. The evidence does not clearly establish that you were maintaaining your nonimmigrant status at the time this application was filed. Specifically, you last entered the US on Apr 2001, in H-4 dependant status. You then changed your status to that of an H1-B nonimmigrant worker, effective Sept 2001 and valid through Aug 2004, finally, you filed a Form I-539, Application to Extend/Change Nonimmigrant status, on June 26, 2002, which was still pending at the time this application was filed two weeks later on Aug 8, 2002. It was ultimately approved on Aug 28, 2002 granting you H-4 status from Sept 21, 2002 through Sept 15, 2004. Therefore, you were in H1-B status from Sept 15, 2001 until your status was changed back to H-4 as of Sept 21, 2002, and were in H1-B status at the time this application was filed on Aug 8, 2002. However, it does not appear that you were maintaining this status. On the Form G-325, Biographic Information, submitted, you indicate that you ceased your employment with H1-B petetioner in Jan 2002, seven months prior to filing of this application. If you were no longer employed, you were not maintaing your H1-B status. The service considers the most recent status given to be your current status, so you could not revert back to the previously granted H-4 status without an I-539 application. As mensioned above, such application was not filed until June 26, 2002, and did not grant you H-4 status until Sept 21, 2002. Therefore, it appears that you were out of status at the time this application was filed.
I got this information today from my lawyer's office and I haven't spoke to my lawyer about it yet.
Did any one have seen this kind of RFE before? Please post your opinions and suggestions about how I should respond.
many thanks in advance.