doublevision Posted November 27, 2012 Report Share Posted November 27, 2012 Hi Gurus, I Have received a RFE on I-485. Since my I-140 got approved after one year can this be the case they have misplaced my documents? Excerpt from Request of Evidence -------------------------------------------- Photocopy of Approval notices (Form I-797) for all extensions and change of status. I am planning to provide the following documents please let me know if I should add any other? 1. All H1-B (New and extensions) approvals(I-797A) 2. I-485 notice of action (I-797C) 3. Old I-765 notice of action (EAD)(I-797C) 4. New I-765 notice of action (EAD)(I-797C) 5. Old I-131 notice of action (Advance Payroll)(I-797C) 6. New I-131 notice of action (Advance Payroll)(I-797C) 7. Old employment Authorization card (EAD)(Front and Back) 8. New employment Authorization card (EAD)(Front and Back) Thanks, Link to comment
Belle Posted November 27, 2012 Report Share Posted November 27, 2012 1. Applicable. 2-8. Not applicable. Neither EAD or AP are extentions or changes of status. Does your RFE specify for which dates to provide the documentation? Link to comment
doublevision Posted November 27, 2012 Author Report Share Posted November 27, 2012 Thanks for the prompt response. CIS has asked for I-94 for my last entry date which will also be part of the response. Belle, If I don't provide my notice of actions and EAD card than how would I proof my status. When I-485 is filed we get notice of action and when it is approved we get EAD card which is a proof of approval. "2-8. Not applicable. Neither EAD or AP are extentions or changes of status." For above I think you mean 3-8? Link to comment
Belle Posted November 28, 2012 Report Share Posted November 28, 2012 The USCIS is asking for extentions and changes of status. I-485 is adjustment of status, which is neither extention or change, (two words used in conjunction to non-immigrant statuses) and thus you should not inlcude it. Getting I-485 receipt does not extend or change your status, and plus, would not you think the officer would know when you filed I-485 as they are looking at... your I-485? EAD provides no status, is not an extention or change of status and thus notices should not be included. I believe it is better not to provide irrelevant information, and I see no reason why the USCIS would want those since they are not questioning whether your work was authorized (that's what EADs are for). Link to comment
doublevision Posted November 28, 2012 Author Report Share Posted November 28, 2012 The USCIS is asking for extentions and changes of status. I-485 is adjustment of status, which is neither extention or change, (two words used in conjunction to non-immigrant statuses) and thus you should not inlcude it. Getting I-485 receipt does not extend or change your status, and plus, would not you think the officer would know when you filed I-485 as they are looking at... your I-485? EAD provides no status, is not an extention or change of status and thus notices should not be included. I believe it is better not to provide irrelevant information, and I see no reason why the USCIS would want those since they are not questioning whether your work was authorized (that's what EADs are for). The USCIS is asking for extentions and changes of status. I-485 is adjustment of status, which is neither extention or change, (two words used in conjunction to non-immigrant statuses) and thus you should not inlcude it. Getting I-485 receipt does not extend or change your status, and plus, would not you think the officer would know when you filed I-485 as they are looking at... your I-485? EAD provides no status, is not an extention or change of status and thus notices should not be included. I believe it is better not to provide irrelevant information, and I see no reason why the USCIS would want those since they are not questioning whether your work was authorized (that's what EADs are for). Thanks for multiple clarifications! What should I give besides by H1-B approval (never used EAD or Advance Parole) notices for the "Change of Status"? In addition to this my wife she was on H4 and worked later on EAD(never used Advance Parole), I am giving her H4,I-94 and what else? Please clarify? Thanks, Link to comment
Belle Posted November 30, 2012 Report Share Posted November 30, 2012 Only I-94s, your H1 approvals, and approvals (or other relevant forms) for any other petitions you (not your spouse) may have used in the past, like F, L, J, etc. None is required for your spouse. Keep it short and to the point. Good luck! Link to comment
doublevision Posted December 1, 2012 Author Report Share Posted December 1, 2012 Only I-94s, your H1 approvals, and approvals (or other relevant forms) for any other petitions you (not your spouse) may have used in the past, like F, L, J, etc. None is required for your spouse. Keep it short and to the point. Good luck! Only I-94s, your H1 approvals, and approvals (or other relevant forms) for any other petitions you (not your spouse) may have used in the past, like F, L, J, etc. None is required for your spouse. Keep it short and to the point. Good luck! Thank you so much for the clarification! Link to comment
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