RFE on I 485

[panda1 1]

Hello,

So some of you might already know based on the topic I posted earlier about the RFE on I 485. I received the RFE today. I have attached the picture. Basically the RFE is on I-864, its asking me to provide dicuments which will show that I am authorized to work in the US since I included my income as a household member in i 864.

Here are the details about my status and my supporting documents I submitted with i 864.

I am on F1 stauts married to a USC. I am a graduate student and I get stipend from my US university. Since I included my income in the form i-864 below are the documents I submitted for myself. I also submitted my wife's and our joint sponsor (mother in law) financial documents along with this. But uscis is specifically asking about my (applicants) proof as an authorized person to work in the US.

Below are the documents sent for my i 485 specifically

This covering letter

o Form G-1145 e-notification of Application /Petition Acceptance

o Check: for the amount of $1070.⁰⁰ for Form I-485 and Biometrics (payable to Department of Homeland Security)

o Form I-485: Application to Register Permanent Residence or Adjust Status

o 2 Passport Photos of beneficiary (in Ziploc bag)

o Form G-325A for beneficiary’s name

o Form I-693: Medical Examination of Alien Seeking Adjustment of Status (In Sealed envelope) from civil surgeon

o Photocopy of beneficiary’s birth certificate as proof of birth date

o Photocopy of beneficiary’s passport (biographical page, F1 visa page, all stamped pages)

o Photocopy of beneficiary’s valid I-20 form as evidence of legal valid status

o Photocopy of beneficiary’s valid I-94, front and back as evidence of current status

o Photocopy of Marriage Certificate as evidence of relationship

o Form I-864: Affidavit of Support, filled out by my sponsor

§ Copy of Employment verification letter

§ Copy of last 6 months pay stubs as proof of employment

§ Copy of Federal Income Tax Return for last three years (2012-2010)

§Copy of W-2 for the year 2012

o Supporting documents from the principal immigrant Me.

§ Copy of my employment verification letter as a proof that the income will continue from the same source after he obtains lawful permanent resident status

§Copy of recent 6 months pay stubs as proof of employment.

§ Copy of my Federal Income Tax Return for last three years (2012-2010)

§Copy of my W-2’s (2012-2010)

o Form I-864: Affidavit of Support, filled by joint sponsor Mother in law

§ Copy of US passport (Biographic data page) for joint sponsor as a proof of US citizen

§ Copy of birth certificate

§ Copy of Employment verification letter

§ Copy of last 6 months pay stubs as proof of employment

§ Copy of Federal Income Tax Return for last three years (2012-2010)

§ Copy of W-2 for the year 2012

So based on what the RFE is asking, can anyone tell me what documents I can send them to show that I am authorized to work in the US? Thanks alot in advance.

[X & Z 4]

Hello,

So some of you might already know based on the topic I posted earlier about the RFE on I 485. I received the RFE today. I have attached the picture. Basically the RFE is on I-864, its asking me to provide dicuments which will show that I am authorized to work in the US since I included my income as a household member in i 864.

Here are the details about my status and my supporting documents I submitted with i 864.

I am on F1 stauts married to a USC. I am a graduate student and I get stipend from my US university. Since I included my income in the form i-864 below are the documents I submitted for myself. I also submitted my wife's and our joint sponsor (mother in law) financial documents along with this. But uscis is specifically asking about my (applicants) proof as an authorized person to work in the US.

Below are the documents sent for my i 485 specifically

This covering letter

o Form G-1145 e-notification of Application /Petition Acceptance

o Check: for the amount of $1070.⁰⁰ for Form I-485 and Biometrics (payable to Department of Homeland Security)

o Form I-485: Application to Register Permanent Residence or Adjust Status

o 2 Passport Photos of beneficiary (in Ziploc bag)

o Form G-325A for beneficiary’s name

o Form I-693: Medical Examination of Alien Seeking Adjustment of Status (In Sealed envelope) from civil surgeon

o Photocopy of beneficiary’s birth certificate as proof of birth date

o Photocopy of beneficiary’s passport (biographical page, F1 visa page, all stamped pages)

o Photocopy of beneficiary’s valid I-20 form as evidence of legal valid status

o Photocopy of beneficiary’s valid I-94, front and back as evidence of current status

o Photocopy of Marriage Certificate as evidence of relationship

o Form I-864: Affidavit of Support, filled out by my sponsor

§ Copy of Employment verification letter

§ Copy of last 6 months pay stubs as proof of employment

§ Copy of Federal Income Tax Return for last three years (2012-2010)

§Copy of W-2 for the year 2012

o Supporting documents from the principal immigrant Me.

§ Copy of my employment verification letter as a proof that the income will continue from the same source after he obtains lawful permanent resident status

§Copy of recent 6 months pay stubs as proof of employment.

§ Copy of my Federal Income Tax Return for last three years (2012-2010)

§Copy of my W-2’s (2012-2010)

o Form I-864: Affidavit of Support, filled by joint sponsor Mother in law

§ Copy of US passport (Biographic data page) for joint sponsor as a proof of US citizen

§ Copy of birth certificate

§ Copy of Employment verification letter

§ Copy of last 6 months pay stubs as proof of employment

§ Copy of Federal Income Tax Return for last three years (2012-2010)

§ Copy of W-2 for the year 2012

So based on what the RFE is asking, can anyone tell me what documents I can send them to show that I am authorized to work in the US? Thanks alot in advance.

http://www.visajourney.com/forums/topic/394181-f-1-aos-rfe-for-on-campus-employment/

Please follow the old thread. Two person was successful with satisfying similar RFE.

Basically you have to say that ...

1) according to USCIS .. an F1 student need a foreign passport and I-94 to work on campus during school year.

a foreign passport and a CPT ( I-20 ) to work off campus during summer

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82005b46645fe210VgnVCM100000082ca60aRCRD&vgnextchannel=ad3e1921c6898210VgnVCM100000082ca60aRCRD

2) mention according to 8 CFR 2(f) you can work legally on campus without further approval from USCIS

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-17197/0-0-0-17636.html#0-0-0-9213

I have also used my income and wrote a letter to justify that. I haven't received any RFE yet but who knows Goodluck and let me know what happens.

[panda1 1]

http://www.visajourney.com/forums/topic/394181-f-1-aos-rfe-for-on-campus-employment/

Please follow the old thread. Two person was successful with satisfying similar RFE.

Basically you have to say that ...

1) according to USCIS .. an F1 student need a foreign passport and I-94 to work on campus during school year.

a foreign passport and a CPT ( I-20 ) to work off campus during summer

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82005b46645fe210VgnVCM100000082ca60aRCRD&vgnextchannel=ad3e1921c6898210VgnVCM100000082ca60aRCRD

2) mention according to 8 CFR 2(f) you can work legally on campus without further approval from USCIS

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-17197/0-0-0-17636.html#0-0-0-9213

I have also used my income and wrote a letter to justify that. I haven't received any RFE yet but who knows Goodluck and let me know what happens.

Thanks for your quick response rknath. So based on your link what I understand is I need to send them the following things:

1. A personal letter saying I am phd student blah blah with USCIS documentation PDF's stating F1 can work on campus 20 hours per week.

2. Letter from my internaltional student advisor stating my work authorization on campus.

I already submitted work authorization letter from my graduate co-ordinator stating my yearly income and that I am a full time student in good standing. But I don't know why USCIS ignored it?

Also, I just talked to the IO over the phone and discussed my case in detail. He put me on hold twice for 10 mins but he was trying to tell me that I should have EAD card to work on campus if I am on F1 status which is very confusing.

Edited September 12, 2013 by panda1

[X & Z 4]

Thanks for your quick response rknath. So based on your link what I understand is I need to send them the following things:

1. A personal letter saying I am phd student blah blah with USCIS documentation PDF's stating F1 can work on campus 20 hours per week.

2. Letter from my internaltional student advisor stating my work authorization on campus.

I already submitted work authorization letter from my graduate co-ordinator stating my yearly income and that I am a full time student in good standing. But I don't know why USCIS ignored it?

Also, I just talked to the IO over the phone and discussed my case in detail. He put me on hold twice for 10 mins but he was trying to tell me that I should have EAD card to work on campus if I am on F1 status which is very confusing.

I guess..

there are so many immigration laws that most of the IO are not aware of everything. However, if you speak to someone in the 2nd tier IO, you may get good answers.

My letter from school clearly says " He doesn't require any authorization from USCIS to work on campus" May be you can submit another letter like this.

It wont harm making an infopass and talk to someone.

I submitted a letter similar to the one in the thread with my application package. Haven't received any RFE yet ( I filed late august ) . Lets see.

[panda1 1]

Hi rknath,

I figured what document I need in order to show that I am authorized to work based on my F1 status. Being an international graduate student, I filed a employment verification form I-9 the day I was admitted to school for my graduate studies. I got the copy of it which clearly states that I am authorized to work until my i-20 expires(which is 08/2014). I will be sending the i-9 form along with other supporting documents you mentioned. I think this will resolve my issue.

Thanks again.

[X & Z 4]

Hi rknath,

I figured what document I need in order to show that I am authorized to work based on my F1 status. Being an international graduate student, I filed a employment verification form I-9 the day I was admitted to school for my graduate studies. I got the copy of it which clearly states that I am authorized to work until my i-20 expires(which is 08/2014). I will be sending the i-9 form along with other supporting documents you mentioned. I think this will resolve my issue.

Thanks again.

Oh Yes. I also submitted an I-9 with my application package. I only have copy of I-9 with my current school. Don't have any with my previous school.

How did you figure out that I-9 is the document ?

thanks

[panda1 1]

Oh Yes. I also submitted an I-9 with my application package. I only have copy of I-9 with my current school. Don't have any with my previous school.

How did you figure out that I-9 is the document ?

thanks

Because the i-9 form has the check box which clealy says that the Alien is authorized to work until the expiration of the i20 document.

[X & Z 4]

Because the i-9 form has the check box which clealy says that the Alien is authorized to work until the expiration of the i20 document.

Great findings. All the best mate.