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Hi to all on the forum,
My name is Sushma and I work for a technology company in the Washington, DC area. I attained my undergrad and graduate degree from a US university in Texas. During my undergrad, I had a part-time job working on campus as a student worker. In grad school, I was a graduate assistant. After graduation, I worked for a firm that applied for an H-1B which I transferred to my current employer. I am on my second H-1B visa which expires in May 2008. My GC application is being handled by my company lawyer who applied for my I-485 and I-140 concurrently. My I-140 was approved in September 2007.
I would appreciate feedback from the forum members regarding a Request For Evidence (RFE) that I received in connection to my I-485 application. As you can see from the text below, the list of required evidence is quite extensive and somewhat hard to get a hold of.
I already submitted the following items; is there any reason they are asking for them again?
1. My present and past membership in, or affiliation with, every political organization,
association, fund, foundation, party, club, society, or similar group in the United States or any other place since
my 16th birthday.
2. A list of all of my arrivals into and departures out of the U.S., supported by complete, legible
copies of:
a) All of the pages (including blank pages) in both my passports
b) All Forms I-797, Notices of Action issued by USCIS which grant me a nonimmigrant classification
It will be hard to get the following since I don’t have them:
a) The front and back of all Forms I-94, Arrival/Departure Records
b) The front and back of all Employment Authorization Documents (EADs)
c) Copies of ALL Forms W-2, Wage and Tax Statements
d) Complete, legible copies of my first (initial) and last (most recent) pay vouchers issued to you by each of
my United States employers for each tax year
My I-94s were collected each time I departed from the US and my OPT EAD was confiscated when I applied for my first H-1B visa stamp. I don’t have all my W-2s nor pay vouchers from all my employers. Do I really need W-2s and pay stubs from my student worker days?
I’m worried that my second H-1B will expire before I get a decision for my I-485. What should I do to fulfill this RFE?
Thanks in advance for any advice. I really appreciate it.
Sushma
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1. You did not properly complete Part 3, Section C of your Form I-485 application. Therefore, submit an
affidavit listing your present and past membership in, or affiliation with, every political organization,
association, fund, foundation, party, club, society, or similar group in the United States or any other place since
your 16th birthday. Include the name, location and purpose of each organization and your dates of membership. Your affidavit should also include any foreign military service. If none, then state "none" in your affidavit.
2. Please submit a list of all of your arrivals into and departures out of the U.S., supported by complete, legible
copies of:
a) all of the pages (including blank pages) in all of your passports,
b) all Forms I-797, Notices of Action issued by this agency which grant you a nonimmigrant classification,
c) the front and back of all Forms I-94, Arrival/Departure Records issued and endorsed by this agency, and
d) the front and back of all Employment Authorization Documents (EADs) issued to you by this agency.
Additionally, if any of the requested passports were stolen or lost, please include copies of documentation filed
by you with appropriate civil authorities and/or issued to you by appropriate civil authorities, reporting their
theft or loss.
And, if you have ever been admitted in or granted a change of status to F-1, student or J-1, nonimmigrant
exchange student status, then please also submit complete, legible copies of all Forms 1-20, or IAP 66 and/or DS 2019 issued to you. Copies that have been stamped or otherwise endorsed by this agency are preferred over
unstamped, unendorsed copies. And, if you were ever subject to the 2 year foreign residency requirement under Section 212(e) of the Immigration and Nationality Act, then please also submit a copy of the Form 1-797, Notice of Action issued by this agency granting you a waiver of that requirement.
3. Please submit:
a) Complete, legible, signed and dated copies of ALL United States federal income tax returns (Forms 1040, U.S. Individual Income Tax Return and/or Forms 1040NR, U.S. Non-resident Alien Income Tax Return and/or 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents) that you filed, including: ALL Schedules C, Profit or Loss from Business; Schedules SE, Self-Employment Tax; and Forms
8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b).
b) Copies of ALL Forms W-2, Wage and Tax Statements; Forms 1099, Miscellaneous Income; and Forms 1042S, Foreign Person's U.S. Source Income Subject to Withholding issued to you and your family members by your and your family members' United States employers, whether or not submitted in support of a federal income tax return.
c) Complete, legible copies of your first (initial) and last (most recent) pay vouchers issued to you by each of
your United States employers for each tax year.
My name is Sushma and I work for a technology company in the Washington, DC area. I attained my undergrad and graduate degree from a US university in Texas. During my undergrad, I had a part-time job working on campus as a student worker. In grad school, I was a graduate assistant. After graduation, I worked for a firm that applied for an H-1B which I transferred to my current employer. I am on my second H-1B visa which expires in May 2008. My GC application is being handled by my company lawyer who applied for my I-485 and I-140 concurrently. My I-140 was approved in September 2007.
I would appreciate feedback from the forum members regarding a Request For Evidence (RFE) that I received in connection to my I-485 application. As you can see from the text below, the list of required evidence is quite extensive and somewhat hard to get a hold of.
I already submitted the following items; is there any reason they are asking for them again?
1. My present and past membership in, or affiliation with, every political organization,
association, fund, foundation, party, club, society, or similar group in the United States or any other place since
my 16th birthday.
2. A list of all of my arrivals into and departures out of the U.S., supported by complete, legible
copies of:
a) All of the pages (including blank pages) in both my passports
b) All Forms I-797, Notices of Action issued by USCIS which grant me a nonimmigrant classification
It will be hard to get the following since I don’t have them:
a) The front and back of all Forms I-94, Arrival/Departure Records
b) The front and back of all Employment Authorization Documents (EADs)
c) Copies of ALL Forms W-2, Wage and Tax Statements
d) Complete, legible copies of my first (initial) and last (most recent) pay vouchers issued to you by each of
my United States employers for each tax year
My I-94s were collected each time I departed from the US and my OPT EAD was confiscated when I applied for my first H-1B visa stamp. I don’t have all my W-2s nor pay vouchers from all my employers. Do I really need W-2s and pay stubs from my student worker days?
I’m worried that my second H-1B will expire before I get a decision for my I-485. What should I do to fulfill this RFE?
Thanks in advance for any advice. I really appreciate it.
Sushma
---------------------------------------------
1. You did not properly complete Part 3, Section C of your Form I-485 application. Therefore, submit an
affidavit listing your present and past membership in, or affiliation with, every political organization,
association, fund, foundation, party, club, society, or similar group in the United States or any other place since
your 16th birthday. Include the name, location and purpose of each organization and your dates of membership. Your affidavit should also include any foreign military service. If none, then state "none" in your affidavit.
2. Please submit a list of all of your arrivals into and departures out of the U.S., supported by complete, legible
copies of:
a) all of the pages (including blank pages) in all of your passports,
b) all Forms I-797, Notices of Action issued by this agency which grant you a nonimmigrant classification,
c) the front and back of all Forms I-94, Arrival/Departure Records issued and endorsed by this agency, and
d) the front and back of all Employment Authorization Documents (EADs) issued to you by this agency.
Additionally, if any of the requested passports were stolen or lost, please include copies of documentation filed
by you with appropriate civil authorities and/or issued to you by appropriate civil authorities, reporting their
theft or loss.
And, if you have ever been admitted in or granted a change of status to F-1, student or J-1, nonimmigrant
exchange student status, then please also submit complete, legible copies of all Forms 1-20, or IAP 66 and/or DS 2019 issued to you. Copies that have been stamped or otherwise endorsed by this agency are preferred over
unstamped, unendorsed copies. And, if you were ever subject to the 2 year foreign residency requirement under Section 212(e) of the Immigration and Nationality Act, then please also submit a copy of the Form 1-797, Notice of Action issued by this agency granting you a waiver of that requirement.
3. Please submit:
a) Complete, legible, signed and dated copies of ALL United States federal income tax returns (Forms 1040, U.S. Individual Income Tax Return and/or Forms 1040NR, U.S. Non-resident Alien Income Tax Return and/or 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents) that you filed, including: ALL Schedules C, Profit or Loss from Business; Schedules SE, Self-Employment Tax; and Forms
8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b).
b) Copies of ALL Forms W-2, Wage and Tax Statements; Forms 1099, Miscellaneous Income; and Forms 1042S, Foreign Person's U.S. Source Income Subject to Withholding issued to you and your family members by your and your family members' United States employers, whether or not submitted in support of a federal income tax return.
c) Complete, legible copies of your first (initial) and last (most recent) pay vouchers issued to you by each of
your United States employers for each tax year.
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