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  #16 (permalink)  
Old 04-24-2009, 09:25 PM
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mohanmohan is on a distinguished road
Default 485 rfe (f1-h1)

Hey Guys:
I do not have detail about my RFE. But, I understand my wife & I got an RFE on our 485 applications. I have a concern, I was on F1 visa until 12/31/2003 and moved on to H1B visa on 01/20/2004 (without applying for OPT); so for those 20 days, I am guessing I was so called out of status. Am I correct? Can this cause a problem? I applied for H1B around 10/2003 based a full time job.

Thanks for all the replies in advance!!
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  #17 (permalink)  
Old 04-25-2009, 02:02 AM
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morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts
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Some other thread here talks about this in detail.

In summary 2 things.

1. Section245(k) of INA pardons "out of status or worked without authorization for less than 180 days"
2. The out of status days are counted only from "last lawful admittance".

Quote:
Originally Posted by mohanmohan View Post
Hey Guys:
I do not have detail about my RFE. But, I understand my wife & I got an RFE on our 485 applications. I have a concern, I was on F1 visa until 12/31/2003 and moved on to H1B visa on 01/20/2004 (without applying for OPT); so for those 20 days, I am guessing I was so called out of status. Am I correct? Can this cause a problem? I applied for H1B around 10/2003 based a full time job.

Thanks for all the replies in advance!!
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  #18 (permalink)  
Old 04-25-2009, 03:48 AM
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gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future gcisadawg has a brilliant future
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Quote:
Originally Posted by rockstart View Post
Mine took 5 business days to arrive. Both lawyer & myself received copies of RFE. It has a golden paper with Immigration officer # incharge of your case. You need to include this paper on top of your response while mailing back so that the papers reach the officer.

For paystubs BC and other queries they give you 30 days but the catch is the 30 day counter starts from day you receive e-mail so by the time you receive the letter with what is needed you have already lost 5-7 days.
In our case also, We received a copy of the RFE along with the golden paper you are referring to. They give an additional three days if the RFE was received by mail. The counter starts from the date in the RFE letter. I don't think it starts on the date of email.

On the golden form, there is a "CUD" date along with officer info.
I believe, that is the latest date on which USCIS should receive your RFE.
Our RFE letter was dated April 6th. CUD shows May 11th 2009.

Thanks,
GCisaDawg
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