RFE Question (RD 12/5/2001)

[shahd1]

Hello,

I have received a RFE for my wife.

The question I have is specifically towards one point. It says "Please submit evicence of the applicants's initial lawful admission and continued maintenance of status from March 1999 through November 1999."

In 1998, she received her H4 Visa stamp in her passport based on my H1 in Mumbai - that was my first H1 and she did not have I-797 approval specifically, we both were in India then. She entered in US based on that visa in March 1999 and we went back to on vacation to India in November 1999. During the year in May 1999 I changed jobs and did not apply for her H4 based on new H1 until Jan 2000, we left US in November 1999 and came back in December 1999 using the old valid Visas (based on first H1) and my new H1 papers. We submitted the original I94 cards then and I do not keep copies unfortnately.

She has stamp in her passport showing original entry in March 1999 - will that be good enough to prove it was lawful entry ?

What is the meaning of continued maintenance of status and what do we need to do to prove that ?

Any help is appreciated.

-Shahd1

RD 12/5/2001
FP April 2003
First RFE March 2004
Second RFE May 2004

 

[tryourpatience]

I had the same rfe. for proof of initial lawful entry i submitted the 1st i94 when i entered the us(luckily i had a copy) and also the initial passport stamp.
for proof of continued maintenance of status i submited the following documents...
Copy of all pages in the passport , along with all visa's and Form I-94's;
Copy of all Notice of Action (approval notice) issued by the USCIS5.
Copies of Employment Authorization Cards/Documents (EAD’s)
Copies of Parole Documents issued

hope this helps