RFE for whole family

[sagarsaheb]

I came to USA in 1998 on student visa (F1) and finished my MS. In 2002 I applied and received my 1st H1B. Previous employer filed 140 under EB3. My priority date for EB3 was December 2004. Last year, my new employer ported to EB2 category. I have received EAD cards in November 2015. Below is the RFE I have received last week for me and somewhat same for my family (except different dates) from Texas Service Center:

 

Submit evidence to establish that you maintained your nonimmigrant status in the Unites States beginning on February 27, 2007 and ending on August 28, 2014.  This evidence may include the following:

a) A photocopy of Approval Notices (Form I-797) for all extensions and change of status;

b) A photocopy of the certificate of eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students or Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students (Form I-20);

c) A photocopy (front and back) of your Arrival/Departure Record (Form I-94).

A review of your file and USCIS records indicates that you were physically present in the United States prior to your last admission.  Submit evidence to establish that you did not accrue unlawful presence beginning on November 2004 and ending on August 28, 2014. This evidence may include the following:

a) Prrof of lawful status or as a parolee;

b) Proof that you did not accrue unlawful presence because of statute;

c) Proof that you did not accrue unlawful presence because of USCIS policy.

As per RFE- USCIS needed all approval notices from whole family (Form I-797) for all extensions. I (Primary Applicant) have all approval notices for me and my kids. Would it be enough or I should show I-20's as well? I am not sure about the second part of this RFE. What exactly do they want?

 

My wife never worked in USA and has all I-797 H4 approval notices except for two extension between 2002 and 2007. Looks like we simply lost them. Is it possible that my Approval notices will help in identifying my wife's legal status for that period?  If not, what are my options?

Please help.  Thank you in advance.

[cap-gap]

did u even read the RFI?

 

it's asking for beginning 2007 and afterwards..and you have them..just chill..(did you guys not leave the country after 2007 at all?)

 

wow..1998..that was even before me..hope you will be done with stuff real soon..good luck man..

[cap-gap]

Below is the RFE I have received last week for me and somewhat same for my family (except different dates) from Texas Service Center:

 

 

 

what dates they asked in your wife's case? is it from 2002?

 

posting the complete info will help get accurate responses..

 

but just FYI..you need prove valid status from last entry to country to the date your 485s were filed..

[sagarsaheb]

Thanks Cap-Gap.  This is what I have received for my wife:

 

You claimed on your I-485 that you last entered the United States on August 27, 2010. Submit evidence to establish that you maintained your nonimmigrant status in the United states beginning on August 27, 2010 and ending on August 28,2014.

 

Thanks again.

[cap-gap]

Thanks Cap-Gap.  This is what I have received for my wife:

 

You claimed on your I-485 that you last entered the United States on August 27, 2010. Submit evidence to establish that you maintained your nonimmigrant status in the United states beginning on August 27, 2010 and ending on August 28,2014.

 

Thanks again.

 

 

there you go..exactly like I said in my previous post..so why are you worried about ur wife's I94s from 2002-2007? just submit the I94s from '10 to '14..