Rfe

S

sub1234

Registered Users (C)
My RD 10/18/01.

Needed an Advise on this. We had filed for extension of H4 visas for my family members with an affidavit, because they were filed late. Now received the following RFE. Experts please advise.

PD 3/15/98. My Lawer suggests the following.
I regret to advise that we received today from the INS of its intention to
deny your family's I-485 applications because "You did not, however, provide
evidence to show that your initial status was extended to cover the period
from July 18, 1999 to July 19, 2000, and the Service has been unable to
locate any electronic record showing such an extension."

You will recall that we already explained this when we filed for their
extension and even prepared your affidavit.

At this point, we have 2 options:

1. File the required Supplemental to I-485 and pay the requires INS fee of
$1,000 each AS SUGGESTED BY THE INS ITSELF, or

2. Explain that they have already FAVORABLY decided on the issue when they
extended their I-539 applications.
 
I didn't quite understan the whole story of your case.
Did you really submit an application for extension of status at that time?
When did you submit it?
If you did file such an extension, there should have been a receipt and/or decision from the INS, right?
Was that approved by the INS?

Otherwise, pay $1000 each as suggested by INS.
$2000 is nothing compared to the potential of getting your I-485 denied completely.
 
RFE - 10/18/01

Hello Everyone,

My casewas filed on 3/15/98. The labor was approved around April 2001. I do not remember exact date. Thereafter my I-140 got approved during september 2001. Filed for I-485 on 10/18/2001. Received RFE on 11/18/02, stating that there is no electronic evidence of my wife and children were having a visa between 719/1999 to 7/19/2000, yes tihs was true, because the attorney messed it up. Therefore we filed I-539 with an affidavit for their H4 approval, which was considered by INS and we received the H4 approvals.

INS suggested us to file I-485 supplement with $1000 for each applicant. my lawer says he will speak to IIO and will tell them that we had filed I-539 which is a pardon with affidavit and INS accepted it therefore this must be considered. This iswhat hewants to argue. If thisdoes not work out then he said we need to pay 1000 for each applicant. Hope I explained the case clearly now, my appologies for not posting the message clearly earlier, which I did it from my work.

Please advise, which way I should go.. I waited for almost six years to get this kind of answer from INS. I worked for the same company till date and break in service too. Therefore, I think I did not get any query asfar asmy application is concerned. I must admit that, I messed up as far as H4 filing is concerned. I do not know my children will pardon me when they grow big. I hope by GODs grace everything will end well.

Once again thanks for reading this and advising me. Please post your views.
Regards,
-SK
Here is Lawers summary.
I regret to advise that we received today from the INS of its intention to
deny your family's I-485 applications because "You did not, however, provide
evidence to show that your initial status was extended to cover the period
from July 18, 1999 to July 19, 2000, and the Service has been unable to
locate any electronic record showing such an extension."

You will recall that we already explained this when we filed for their
extension and even prepared your affidavit.

At this point, we have 2 options:

1. File the required Supplemental to I-485 and pay the requires INS fee of
$1,000 each AS SUGGESTED BY THE INS ITSELF, or

2. Explain that they have already FAVORABLY decided on the issue when they
extended their I-539 applications.

Please call me tomorrow afternoon so we can discuss these options. Thanks.

P.S. Tell your wife not to worry. The WORST SCENARIO is additional costs
and a short delay. But, unless there are other problems which I doubt, she
will get her "green card."
 
okay

you will be okay sub1234. give us your details..like eb category etc to track Oct filers.

I think you should pau $1000 to be on safe side. How many people do you have to pay for?
 
Hi Sub1234

Hi,

Sorry to hear about your case.

I think this can be overcome without any problem though it may involve some additional expenses.

I would suggest to go the INS way that states that --

1. File the required Supplemental to I-485 and pay the requires INS fee of $1,000 each AS SUGGESTED BY THE INS ITSELF.

And in addition to doing this, since you have the required documentation and proof that you had filed affidavits to extend your family's H-4 visa status, You SHOULD provide them with that documentation also.

This way, you are proving to INS that you were abiding by the law at all given times.

Anyway, please consult your lawyer..
This is just my thought..

Good luck..
 
Sorry, maybe I missed the point, but if you have copy of 539 extension that was approved by INS, why would they not accept it? Or is the problem that you don't have an approval notice anymore and INS can't track it on their electronic system?
 
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