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My wife got RFE for I-485 asking for waiver or letter from DoS. I applied I-485 on EB1A Category. Previously I was on J1 and I had the waiver certificate from home country. My wife was also on J-1 but had done her entry from Germany, instead of India. Later she did get DS2019 issued from home country which said that she is eligible for 212(e). So she sought opinion from DoS before applying for H1B and she got the opinion with NOT eligible for 212(e). This opinion letter had both the program numbers on all the DS2019s, as she worked for two different employers in that period. Based on this she could changed her visa to H1B.
Due to family reasons, later she changed her status to H4 (me being on H1B) from H1B, and filed for I-485 with me as dependent. I got my green card within one month of the finger printing done, but she got an RFE asking to waiver for 2 year rule or a letter from DoS. We did include the opinion letter from Dos, the letter she previously used to change her visa from J1 to H1B. We thought this should be sufficient. We responded the RFE with the opinion letter from Dos immediately. My lawyer said they must have over looked her opinion letter. I do not know if this happens. But in the RFE there is no mention of the opinion letter. Partly I blame the lawyer as I guess he failed to highlight this in the cover letter. (My bad I went for a cheaper lawyer, as I thought I-485 is a straightforward thing). Now I realized that since my green card got approved my H1B gets void and if her rebuttal for RFE gets rejected asking for actual waiver (NORI), she may go out of status. So we are bit tensed. I would like to know if there is anyone in same situation and had used opinion letter from DoS for I-485 application. I do not see a thread with similar situation. Please suggest. Thanks
SmanT
Due to family reasons, later she changed her status to H4 (me being on H1B) from H1B, and filed for I-485 with me as dependent. I got my green card within one month of the finger printing done, but she got an RFE asking to waiver for 2 year rule or a letter from DoS. We did include the opinion letter from Dos, the letter she previously used to change her visa from J1 to H1B. We thought this should be sufficient. We responded the RFE with the opinion letter from Dos immediately. My lawyer said they must have over looked her opinion letter. I do not know if this happens. But in the RFE there is no mention of the opinion letter. Partly I blame the lawyer as I guess he failed to highlight this in the cover letter. (My bad I went for a cheaper lawyer, as I thought I-485 is a straightforward thing). Now I realized that since my green card got approved my H1B gets void and if her rebuttal for RFE gets rejected asking for actual waiver (NORI), she may go out of status. So we are bit tensed. I would like to know if there is anyone in same situation and had used opinion letter from DoS for I-485 application. I do not see a thread with similar situation. Please suggest. Thanks
SmanT
