This is what the RFE says...

D

deshipublic

Member
The need mroe documents:

1. copy of Form-797 approval notices for all extensions and change of status.

What is that? Would my lawyer have it?

2. Please submit continued maintenance of status from March 2001 to August 2001.

Why only those months out of 14 years I have been here?? Plus I was working for the company that processed my GC at that time. How do I prove it? I worked at the company from 1997-2003! WHy only those few months in the middle???

3. I-94 card photocopies.

Well, my wife and myself are both canadian residents, so we went out of US and came back in a number of times, but we were never issued any I-94s ( at the time when things were more flexible), where would I find one now? Ofcourse for my wife we have I 94 since recently she travelled out of USA and came back in with a new I-94 card. But I don't have any, other than the one that comes with teh H1 visa!


Finanlly how would I know which officer issued the RFE? The letter came from teh TSC director's office adn my lawyer emailed it to me.

Guys PLEASE help me with your experience and knowledge!

Thanks in advance!!!
 
1. Form-797 is an approval notice sent to you by INS
If you ever applied for H1 or H4...they sent you (or your lawyer) Form-797 telling your that that it was approved.

2. Probably cause the office saw a gap or was confused about something...

3. Dunno how I94 applies to canadians..but i think the one that comes with H1 visa approval is good enough.
 
1. copy of Form-797 approval notices for all extensions and change of status.
What is that? Would my lawyer have it?

I-797 are your H1 approval notices ("Notice of Action"). You should have with you. If you don't have both your employer + attorney have them.


2. Please submit continued maintenance of status from March 2001 to August 2001.
Why only those months out of 14 years I have been here?? Plus I was working for the company that processed my GC at that time. How do I prove it? I worked at the company from 1997-2003! WHy only those few months in the middle???

Your H1 approval notice that covers that period should prove that. Attach your visa stamp on your passport that covers that period.In addition, get an employment letter from employer stating that you were hired on so and so date and still working. If possible, if you have paystubs for that period attach them (I don't think a very necessary thing).


3. I-94 card photocopies.
Well, my wife and myself are both canadian residents, so we went out of US and came back in a number of times, but we were never issued any I-94s ( at the time when things were more flexible), where would I find one now? Ofcourse for my wife we have I 94 since recently she travelled out of USA and came back in with a new I-94 card. But I don't have any, other than the one that comes with teh H1 visa!

I guess this is the reason they triggered the RFE for previous two items. They are not sure how and in what status you entered USA and how long you stayed (because you never had an I-94). I-94 that comes with H1 approval notice works only when your previous original I-94 is expired (due to H1 visa stamp expiration) and you did not leave and re-enter USA after that. So I am not sure how that will work in your case.
 
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