RFE - I485 - Please help.

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tsr0228

Registered Users (C)
Hi:
We received RFE on our I-485. It is about the complete immigration history for me and for my husband. We are concerned about my husband's immigration history. He came on F1 visa and worked with out employment authorisation for 6 months. After which he got his H1-B visa and he since then everything was good. Can any one please advise how to respond to this RFE and also will this be a big issue in getting RFE cleared. Please help.

Thanks
 
Send all copies of your passports, H-1B approval notice, copy of your work authorization card received from opt and if possible your 1-20.

You should be fine if you are able to provide these documents.
 
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Thanks for the response but as I said he worked with out the work authorization card. That is why we are worried as how to respond to this RFE.
 
When he worked without an EAD, did the employer file a W-4? (not knowing he wasn't suppose to work). Without a W-4, I cannot see how anyone would know he has ever worked.

Also, I don't know what the level of communication exists between the USCIS and the IRS. So even if a W-4 was filed somehow, I don't know if it will necessarily pop up in the future for immigration purpose.
 
Well I don't know if W4 was filed. But the experience letter from the employer when he worked as a student were submitted showing he worked while he was not on h1-B visa or rather he was on F1 visa while filing I485. Our lawyer did not inform us about this and now its a mess.:(
 
It's possible to work under F-1, given that you have obtained permission from the school's international students' office

My point is, just because you were under F-1, it cannot be automatically assumed that you cannot work, although for most part, that is true. You are allowed to work if you can prove financial hardship, or it's related to your field of study in college.
 
obelisk said:
It's possible to work under F-1, given that you have obtained permission from the school's international students' office

My point is, just because you were under F-1, it cannot be automatically assumed that you cannot work, although for most part, that is true. You are allowed to work if you can prove financial hardship, or it's related to your field of study in college.
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However, the poster said her husband worked without authorization for 6 months.
 
That's my whole point: She knows it, but the USCIS doesn't necessarily know it. Like I said, there are limited occasions, as far as the USCIS is concerned, when F-1 can work legally (I don't know what the rule is now)

When the international student office signs-off on the back of the I-20 form to give authorization for employment, I do not believe it goes any further than that (let me know if I am wrong). The INS basically empowers the head of the office to approve or disapprove an employment, with the understanding that international students must know they are breaking the law if they work without authorization. If you did and got away with it, lucky you, but they definitely don't encourage you to break the law. Drunk driving is illegal, but if you get away with it one time, count your blessings, don't do it again.

So unless the USCIS asks to see your old I-20, I don't think they can know (I don't believe) whether an old employment was legitimate or not.
 
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