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lavista

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    F-1, aos, RFE for on campus employment

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Thank you very much virid! You are a great friend!

    I send the lawyer the following items. Unfortunately, my lawyer seems to be the "Laissez-faire" type. He don't even want me to know what he send to USCIS, and won't tell me about the cover letter.

    However, I did send my lawyer the following:

    1. My university enrollment verification form.

    2. My university full time definition form.

    3. reduced credit form to justify my 1 credit.

    4. my old i-9

    5. my international payroll form to justify that I have talked to my advisor before taking the on campus employment.

    6. offer letter.

    it listed my university as my employee and my average work (less than 20 hour per week)

    7. USCIS sec. 274a.12 Classes of aliens authorized to accept employment

    Section (6)(i) - talk about on campus employment for F-1

    8. My university on campus employment website print out.

    At this point, I can only hope my lawyer will help me appropriately.

    Thank you very much for all of our help!

    And I will keep you posted.

    F-1, aos, RFE for on campus employment

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Hi Visa Journey friends,

    I have been reading this forum, and I found that these forum members and the posts here have been very helpful. I am hoping to get some guidance in this situation I am in now.

    I come as F-1 students (from Indonesia) in 2004, studying in Community college for associate degree.

    I transfer to 4 years college, and get Bachelor degree in 2008.

    I further my education in graduate school, and pursue a Phd degree directly (without getting a Master degree). I am in ABD (All But Dissertation) stage right now.

    I met my wife US Citizen (USC) around 2007, become great friend, and somehow we become girlfriend and boyfriend. Start living together and finally get married at April 2012.

    Financial situation currently are:

    Wife (USC) – unemployed

    Husband (F1, Indonesia) – Teaching Assistantship with annual salary of $25,460.00

    I always maintained my F-1 status, always work on campus under 20 hour/ week requirement, and I always have the “International Payroll Form” That my International Student Advisor always require us to have. Teaching Assistantship position is considered as on campus employment.

    We decided to apply for the Adjustment of Status through a lawyer. Not sure when the form get sent, but for sure USCIS cashed the check at 9/28/12.

    Dated 9/27/12, I received three I-797C for I-485, I-130 and I-765.

    Dated 10/3/12, I received another I-797C for what I believe is the biometric in Elizabeth, NJ.

    Dated 10/5/12, My lawyer (I have not yet) received the nerve wrecking RFE for I-485. The snippet of the RFE are attached in this post.

    Full page photo.pdf

    =====================================================

    The RFE stated:

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

    Please submit evidence that the household member on Form I-864, Affidavit of Support, or Form I-864A Contract between Sponsor and Household member, was authorized to work in the United States. Examples include one of the following:

    - A copy of Form I-94, Arrival/Departure Record showing a non immigrant classification that allows the intending immigrant / household member to work lawfully in the United States. Example include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, O-1A, O-1B, O2, P-1A, P-1B, P2, P3, Q-1, R-1, TN.

    - A copy of a valid Employment Authorization Document issued by US citizenship and Immigrant Service (USCIS).

    - A copy of Form I-94, Arrival / Departure Record with “Employment Authorized” or similar annotated by port-of-entry personnel.”

    =========================================================

    Questions:

    1. Since I don’t have the original RFE, can I use the scan of the forms?

    2. How should I handle this RFE?

    I have I-94, but it is an F-1 visa. I always work on campus, so I never get any EAD (Employment Authorization Document) card.

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