I-485 RFE catch 22

[bestofboth 1]

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!

[bestofboth 1]

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!!!

[JERIII 8]

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.

[bestofboth 1]

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?

[Jenn and Fuat 2]

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.

[bestofboth 1]

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.

[JERIII 8]

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.

[juliava 80]

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!

[bestofboth 1]

Thanks everyone!