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RFE on 485 while in India

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  • RFE on 485 while in India

    Hello,

    I am presently in India (family emergency and also attending to some business) and now there is an RFE on my 485. They are asking for all I-94s, EADs, 797s, passport copy etc.

    Background is, the last time I entered (July 2007), my H1B was valid till Oct/07, and the I-94 was given accordingly. In Sep/07, before my H1B expired, I got a 3 year renewal valid till Sep/10. I left US in Nov/07, but they did not take my I-94 at the time of exiting. I got H1B visa stamped in Chennai in Aug/08. I also initially got EAD and travel document, but both have since expired and I have not renewed them as I have H1B.

    I have applied under AOS, not CP.

    My questions are:
    • can I just mail the docs they are requesting while still in India or is my presence required in the US while responding to the RFE?
    • what can I do to not return to US right away but still get the 485 processed? Can I change to CP now? Is it advisable? Any pros/cons? it would really help if i can stay back in India and attend to some pressing matters, but if I HAVE to return, I will.
    • the letter said "Submit documentary evidence of all nonimmigrant status granted to you since your last lawful admission to the U.S. on July 28, 2007 through the present" - if I re-enter, last lawful admission will no more be 7/28/07 and will be whatever date I re-enter on, will this be OK?
    • any other gotchas or stuff that I should be aware of in this scenario?


    RFE response is due by 5/1/09, so your early advise/comments/response is really appreciated.

    Thanks in advance.

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