Jump to content
Sign in to follow this  
bestofboth

I-485 RFE catch 22

9 posts in this topic

Recommended Posts

Hi, i received an RFE today, it's to do with my I-864.

Firstly, here's my situation: I have been working in the States on a J1 visa which is about to expire on the 25 Oct. Once i receive my employment authorization document, i am going to continue working with my current employer and as per the instructions, i submitted a letter from them with my application which indicates they're willingness to continue my appointment.

But now i've received an RFE saying:

For the household member's income to be included in the household income, it must have been from a lawful source and earned while the household member was authorized to work in the United States.

Then there's a list of possible pieces of evidence, the only of which i would have is the EAD, which i am waiting on from the USCIS.

At the top of the letter it says "The service will process your form I-765, application for employment authorization within 90 days of the receipt of your missing initial evidence.

So what am i supposed to do???

I hope someone has some good news for me!


09/27/05: Entered US on J1 (student)

Dec '05: When we first met

09/10/06: Returned to UK to finish Uni

10/30/07: Entered US on J1 (work)

05/12/09: Waiver granted for 1st J1 (NOS)

08/15/09: Married

09/21/09: I-485, I-130, I-765 sent

10/02/09: NOA1 for I-485, I-130, I-765

10/13/09: Biometrics (walk-in)

10/14/09: 1st RFE for I-485

11/02/09: 2nd RFE for I-485

11/16/09: EAD approved

11/23/09: EAD received

12/21/09 Interview Notice

02/03/10 Interview - Approved

02/03/10 Conditional Greencard

04/09/2012 Removal of Conditions

03/19/2013 Citizenship Interview - Approved

04/16/2013 Citizenship Oath Ceremony - YAY!

Share this post


Link to post
Share on other sites

On the list of possible evidence there is also the following choice:

- A copy of form i-94, showing a non-immigrant classification that allows the intending immigrant/household member to work lawfully in the United States. Examples include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, TN.

Do you think that this is all they could want - a copy of my I-94? Mine is for a J1 so it doesn't fall into any of the categories listed, and on October 25 i will no longer be authorized to work on this visa. But the RFE does say to submit evidence that the household member WAS authorized to work in the US so maybe they just want it to show that i have been working legally all this time?

I just checked through my records and i didn't submit a copy of my I-94 with the I-864 (although i did submit one with the I-485) so maybe this is what they want after all... I really hope it's that simple!!!


09/27/05: Entered US on J1 (student)

Dec '05: When we first met

09/10/06: Returned to UK to finish Uni

10/30/07: Entered US on J1 (work)

05/12/09: Waiver granted for 1st J1 (NOS)

08/15/09: Married

09/21/09: I-485, I-130, I-765 sent

10/02/09: NOA1 for I-485, I-130, I-765

10/13/09: Biometrics (walk-in)

10/14/09: 1st RFE for I-485

11/02/09: 2nd RFE for I-485

11/16/09: EAD approved

11/23/09: EAD received

12/21/09 Interview Notice

02/03/10 Interview - Approved

02/03/10 Conditional Greencard

04/09/2012 Removal of Conditions

03/19/2013 Citizenship Interview - Approved

04/16/2013 Citizenship Oath Ceremony - YAY!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Moldova
Timeline
On the list of possible evidence there is also the following choice:

- A copy of form i-94, showing a non-immigrant classification that allows the intending immigrant/household member to work lawfully in the United States. Examples include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, TN.

Do you think that this is all they could want - a copy of my I-94? Mine is for a J1 so it doesn't fall into any of the categories listed, and on October 25 i will no longer be authorized to work on this visa. But the RFE does say to submit evidence that the household member WAS authorized to work in the US so maybe they just want it to show that i have been working legally all this time?

I just checked through my records and i didn't submit a copy of my I-94 with the I-864 (although i did submit one with the I-485) so maybe this is what they want after all... I really hope it's that simple!!!

I think they want your DS-2019, which is what authorizes a J-1 visa holder to work for a particular employer.

Share this post


Link to post
Share on other sites
On the list of possible evidence there is also the following choice:

- A copy of form i-94, showing a non-immigrant classification that allows the intending immigrant/household member to work lawfully in the United States. Examples include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, TN.

Do you think that this is all they could want - a copy of my I-94? Mine is for a J1 so it doesn't fall into any of the categories listed, and on October 25 i will no longer be authorized to work on this visa. But the RFE does say to submit evidence that the household member WAS authorized to work in the US so maybe they just want it to show that i have been working legally all this time?

I just checked through my records and i didn't submit a copy of my I-94 with the I-864 (although i did submit one with the I-485) so maybe this is what they want after all... I really hope it's that simple!!!

I think they want your DS-2019, which is what authorizes a J-1 visa holder to work for a particular employer.

Hi Jerrii,

But they don't ask for that - the only documents on the list of possible evidence are: I-94, EAD, I-551, or proof of US citizenship. Is a J1 i-94 proof that i was authorized to work in the US?


09/27/05: Entered US on J1 (student)

Dec '05: When we first met

09/10/06: Returned to UK to finish Uni

10/30/07: Entered US on J1 (work)

05/12/09: Waiver granted for 1st J1 (NOS)

08/15/09: Married

09/21/09: I-485, I-130, I-765 sent

10/02/09: NOA1 for I-485, I-130, I-765

10/13/09: Biometrics (walk-in)

10/14/09: 1st RFE for I-485

11/02/09: 2nd RFE for I-485

11/16/09: EAD approved

11/23/09: EAD received

12/21/09 Interview Notice

02/03/10 Interview - Approved

02/03/10 Conditional Greencard

04/09/2012 Removal of Conditions

03/19/2013 Citizenship Interview - Approved

04/16/2013 Citizenship Oath Ceremony - YAY!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Turkey
Timeline
On the list of possible evidence there is also the following choice:

- A copy of form i-94, showing a non-immigrant classification that allows the intending immigrant/household member to work lawfully in the United States. Examples include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, TN.

Do you think that this is all they could want - a copy of my I-94? Mine is for a J1 so it doesn't fall into any of the categories listed, and on October 25 i will no longer be authorized to work on this visa. But the RFE does say to submit evidence that the household member WAS authorized to work in the US so maybe they just want it to show that i have been working legally all this time?

I just checked through my records and i didn't submit a copy of my I-94 with the I-864 (although i did submit one with the I-485) so maybe this is what they want after all... I really hope it's that simple!!!

I think they want your DS-2019, which is what authorizes a J-1 visa holder to work for a particular employer.

Hi Jerrii,

But they don't ask for that - the only documents on the list of possible evidence are: I-94, EAD, I-551, or proof of US citizenship. Is a J1 i-94 proof that i was authorized to work in the US?

Your I94 is not your work authorization.. your DS2019 is your work authorization (EAD)...

When it is asking for you EAD that is your DS2019 form. Are you on the J1 work and travel program, the J1 Internship program or the J1 Career Training program? With the W & T program, your DS form may or may not list your employer.. as you can work for any employer while in that program. Some of my employees have our company listed.. some do not.. You do not have to stay with the original employer if you are with the W & T program, so some Sponsor Agencies do not list the employer on the DS form.

On the J1 Internship, or the J1 Career Training program, you are not allowed to change employers so the employer will definitely be listed on the DS form and if you are working for someone other than the company listed on the DS.. then your EAD is void.


02/23/08 - Met in Turkey
07/09/08 - Denial of Visitor Visa to U.S.A.
06/04/09 - 2nd Denial of Visitor Visa to U.S.A.

09/22/09 - I-129F Sent
09/24/2009 - NOA1
10/19/2009 - NOA2

INTERVIEW DATE - February 23, 2010 - also the two year anniversary of the day we met smile.png

03/30/2010 - Married

04/29/2010 - Mailed AOS Packet
07/14/2010 - AOS Approved!
07/24/2010 - Green Card in Hand!

04/26/2012 - Mailed ROC Packet
01/03/2012- ROC Approved

01/10/2013 - 10 year Green Card in Hand

04/14/2102 - Mailed N400 Packet

05/13/2013 - Biometrics
08/19/2013 - Citizenship interview

09/18/2013 - Oath Cermony.

It's finally all over! He's a citizen :)

Share this post


Link to post
Share on other sites
On the list of possible evidence there is also the following choice:

- A copy of form i-94, showing a non-immigrant classification that allows the intending immigrant/household member to work lawfully in the United States. Examples include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, TN.

Do you think that this is all they could want - a copy of my I-94? Mine is for a J1 so it doesn't fall into any of the categories listed, and on October 25 i will no longer be authorized to work on this visa. But the RFE does say to submit evidence that the household member WAS authorized to work in the US so maybe they just want it to show that i have been working legally all this time?

I just checked through my records and i didn't submit a copy of my I-94 with the I-864 (although i did submit one with the I-485) so maybe this is what they want after all... I really hope it's that simple!!!

I think they want your DS-2019, which is what authorizes a J-1 visa holder to work for a particular employer.

Hi Jerrii,

But they don't ask for that - the only documents on the list of possible evidence are: I-94, EAD, I-551, or proof of US citizenship. Is a J1 i-94 proof that i was authorized to work in the US?

Your I94 is not your work authorization.. your DS2019 is your work authorization (EAD)...

When it is asking for you EAD that is your DS2019 form. Are you on the J1 work and travel program, the J1 Internship program or the J1 Career Training program? With the W & T program, your DS form may or may not list your employer.. as you can work for any employer while in that program. Some of my employees have our company listed.. some do not.. You do not have to stay with the original employer if you are with the W & T program, so some Sponsor Agencies do not list the employer on the DS form.

On the J1 Internship, or the J1 Career Training program, you are not allowed to change employers so the employer will definitely be listed on the DS form and if you are working for someone other than the company listed on the DS.. then your EAD is void.

I'm on the J1 exchange visitor program as a research scholar.


09/27/05: Entered US on J1 (student)

Dec '05: When we first met

09/10/06: Returned to UK to finish Uni

10/30/07: Entered US on J1 (work)

05/12/09: Waiver granted for 1st J1 (NOS)

08/15/09: Married

09/21/09: I-485, I-130, I-765 sent

10/02/09: NOA1 for I-485, I-130, I-765

10/13/09: Biometrics (walk-in)

10/14/09: 1st RFE for I-485

11/02/09: 2nd RFE for I-485

11/16/09: EAD approved

11/23/09: EAD received

12/21/09 Interview Notice

02/03/10 Interview - Approved

02/03/10 Conditional Greencard

04/09/2012 Removal of Conditions

03/19/2013 Citizenship Interview - Approved

04/16/2013 Citizenship Oath Ceremony - YAY!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Moldova
Timeline
On the list of possible evidence there is also the following choice:

- A copy of form i-94, showing a non-immigrant classification that allows the intending immigrant/household member to work lawfully in the United States. Examples include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, TN.

Do you think that this is all they could want - a copy of my I-94? Mine is for a J1 so it doesn't fall into any of the categories listed, and on October 25 i will no longer be authorized to work on this visa. But the RFE does say to submit evidence that the household member WAS authorized to work in the US so maybe they just want it to show that i have been working legally all this time?

I just checked through my records and i didn't submit a copy of my I-94 with the I-864 (although i did submit one with the I-485) so maybe this is what they want after all... I really hope it's that simple!!!

I think they want your DS-2019, which is what authorizes a J-1 visa holder to work for a particular employer.

Hi Jerrii,

But they don't ask for that - the only documents on the list of possible evidence are: I-94, EAD, I-551, or proof of US citizenship. Is a J1 i-94 proof that i was authorized to work in the US?

Your I94 is not your work authorization.. your DS2019 is your work authorization (EAD)...

When it is asking for you EAD that is your DS2019 form. Are you on the J1 work and travel program, the J1 Internship program or the J1 Career Training program? With the W & T program, your DS form may or may not list your employer.. as you can work for any employer while in that program. Some of my employees have our company listed.. some do not.. You do not have to stay with the original employer if you are with the W & T program, so some Sponsor Agencies do not list the employer on the DS form.

On the J1 Internship, or the J1 Career Training program, you are not allowed to change employers so the employer will definitely be listed on the DS form and if you are working for someone other than the company listed on the DS.. then your EAD is void.

I'm on the J1 exchange visitor program as a research scholar.

Right - which means your University/College - whoever sponsored you - is your employer, right? It's the DS-2019 from them that is the "employment authorization document." Send that along with the I-94. Wether they are asking for it or not, that's the proff that you are authorized to work.

For a J1, the DS-2019 is an "employment authorization document", although it is not the EAD card.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Romania
Timeline

Yep, I agree. You need your I-94 and that DS-2019 form.

That DS-2019 form lists the type of business your are working for, it validates your visa stamp that you have in your passport.

More than that, at the interview this document was a great way to show the IO that I wasn't a subject of the 212(e) paragraph. The IO had it already, I didn't need to bring it with me, but when I saw it in his hands it helped me point out my first work place and the specifications of the 212(e) exemption.

Good luck! :thumbs:


My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

Share this post


Link to post
Share on other sites

Thanks everyone!


09/27/05: Entered US on J1 (student)

Dec '05: When we first met

09/10/06: Returned to UK to finish Uni

10/30/07: Entered US on J1 (work)

05/12/09: Waiver granted for 1st J1 (NOS)

08/15/09: Married

09/21/09: I-485, I-130, I-765 sent

10/02/09: NOA1 for I-485, I-130, I-765

10/13/09: Biometrics (walk-in)

10/14/09: 1st RFE for I-485

11/02/09: 2nd RFE for I-485

11/16/09: EAD approved

11/23/09: EAD received

12/21/09 Interview Notice

02/03/10 Interview - Approved

02/03/10 Conditional Greencard

04/09/2012 Removal of Conditions

03/19/2013 Citizenship Interview - Approved

04/16/2013 Citizenship Oath Ceremony - YAY!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...