Hi, I received 485 RFE for dependent asking to establish legal presence time period being - 'before' we applied for AoS and till now; The RFE indicates proof could be any copies of EAD / I-797 Approval Notices / I-94 copies. As you might have guessed we traveled on AP and AP's don't have I-797 (it has 512). The AP's do have the stamp but we don't have I-94 copies for those many years. I am able to pull from DHS site for the last 5 years. Since this is for dependent child we did not apply for EAD but applied only recently. We did return from india on AP / EAD combo few weeks ago and the EAD is still not expired. Will not having I-94 copies be a hassle? I have I-797 approval notices when H1 got renewed (soon after applying) for AoS , all the AP's original (sometimes not traveled but just applied and got), two EADS original (1st one to get Social Security) and of course the stamping by DHS in the child's passport and AP's all these years. Why do they want I-94 copies .. I don't understand. Since this is dependent there are gaps in EAD and AP. The child is still a school student. Any ideas? I have applied for FOIA in the meantime for I-94 copies. I am able to pull for the past 5 years only online.
First of all did you check the status online? If they had received your reply to the RFE and have worked on it there is a possibility that the status might reflect it. An infopass appointment will help. Also, you would need to ask yourself if your date is current and any chances of getting the 485 approved when you are abroad. The following URLs given at the end should help you to understand AP better. It appears that people have successfully returned using AP when the 485 got approved while they are abroad. 1) Yes 2) Refer to the URLs given below especially the first one 3a) EAD (Letter of employment preferably + Original 485 receipt) and all the earlier H1 Papers from the date of entry into the US till the day you applied for 485 (they don't ask) 3b) Copy of the RFE reply you sent along with FedEx/USPS/UPS .. delivery confirmation ; Not sure if you made a photo copy of the papers they sent you for RFE 3d) if the status is updated online , print out of the same, save as file OR screenshot in Word and carry it in USB :-) 3b) Your work place HR / Manager contact info on a piece of paper (don't rely on the cell phone battery). Not that they will ask but you should not blink if asked even casually. 4) Depends on whether you are still with your GC sponsored employer or you have left your GC sponsoring employer and is working for a different employer on EAD. That's why i mentioned about Employment Letter above. Remember GC is for the future. There is no rule saying you must be working with them all the time. You can leave them if I-140 is approved and 180 days have passed since you applied for 485. If you are leaving them make sure you have the I-140 approved copy; Because if they withdraw it (revoke) after approval that 'can' result in an RFE sometimes. You or your attorney 'may' need the copy (either paper or PDF). HTH Good Luck