RFE for I-485, proof of F1 status since applying

[doolaa2000]

I came in on a b2 visitors visa and in 2004 switched status to student visa F1, then I concurrently applied for a workers permit (I-140) and was approved and given a work card. I submitted I-485 for GC August 2007 and today received a letter requesting information.
1. They want a letter from my current employer verifying if the "terms and conditions of my employment continue to exist". My question: I no longer trust my attorney, (he said I didn't have to stay in status on F1 visa to continue with I-485, which is no accurate) Is there anything special in the letter that my employer needs to say? Or do they just repeat from the original I-140 documentation?
2. They are asking for all original transcripts for my F1 visa to show that I stayed in status since applying changing status from B2 to F1 visa. Has anyone had any problems with this documentation?

[eb2_mumbai]

Originally Posted by doolaa2000

I came in on a b2 visitors visa and in 2004 switched status to student visa F1, then I concurrently applied for a workers permit (I-140) and was approved and given a work card. I submitted I-485 for GC August 2007 and today received a letter requesting information.
1. They want a letter from my current employer verifying if the "terms and conditions of my employment continue to exist". My question: I no longer trust my attorney, (he said I didn't have to stay in status on F1 visa to continue with I-485, which is no accurate) Is there anything special in the letter that my employer needs to say? Or do they just repeat from the original I-140 documentation?
2. They are asking for all original transcripts for my F1 visa to show that I stayed in status since applying changing status from B2 to F1 visa. Has anyone had any problems with this documentation?

Your case is pretty unusual. I have few follow-up questions

1) Did you after converting from B2 - F1 ever get F1 stamped?
2) How did u file 485? Were you on H1 or F1 at that time?
3) Did you ever re-enter US on a visa other than B2 visa?
4) Did you have status issues on F1?

Without these details its difficult to answer your questions.

[martinvisalaw]

Originally Posted by doolaa2000

I came in on a b2 visitors visa and in 2004 switched status to student visa F1, then I concurrently applied for a workers permit (I-140) and was approved and given a work card.

You would not have got work authorization based on the approved I-140. Maybe you got an F-1 EAD.

1. They want a letter from my current employer verifying if the "terms and conditions of my employment continue to exist". My question: I no longer trust my attorney, (he said I didn't have to stay in status on F1 visa to continue with I-485, which is no accurate) Is there anything special in the letter that my employer needs to say? Or do they just repeat from the original I-140 documentation?

The letter needs to confirm that the job offer on the I-140 still exists. If you have changed employers, there is other wording that the letter should say.

2. They are asking for all original transcripts for my F1 visa to show that I stayed in status since applying changing status from B2 to F1 visa. Has anyone had any problems with this documentation?

If you never left the US since you entered in 2004, this is a fair request. You need to show that you maintained status since your last entry up to the time of filing the 485. You can violate status for 180 days, but no more.

[doolaa2000]

Yes, I went from a b2 to f1 and never left the usa, therefore I never got a stamp. I have not been out of the US since 2004. So I'm glad that it sounds like protocol to ask to prove active F1 status since i have never left the country.

I have another confusion. I have a priority date (per my paperwork) of October 2005. I don't even know where this date came from. I can't find this date on any of my paperwork at all. Then I have another date of August 7, 2007. Where am I looking to see where in line I am? How do all these dates work? I've tried to follow visa bulletins and nebraska processing dates but I'm lost as to where exactly my chances are of getting a green card in the next few months. Any insight is much appreciated.

[martinvisalaw]

The priority date is the date that you or someone else first filed permanent residence paperwork for you. It might be the date a labor certification is received by DOL, for example. To see how to analyze priority dates and visa bulletins, see here: LPRFAQs