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RFE on my 485. Proof for presence in india
I got an RFE on my 485. the background is like i came to US on J1 visa(which requires 2 yr home country stay after we go back) back in 2001. i stayed for 6 months(valid stay) and returned back. My i-94 was not collected while going back. that time
i was totally ignorant that i have to make sure they collect my i-94. so that i-94 is still with me. so as per USCIS records
then i came back to US on H1 in Aug 2005 after 3+ years of home stay satisfying the J1 rule.
now i got RFE stating that they want proof that i stayed in india for 2+ years as per the J1 rule. which is valid RFE as my i-94
was not returned. they did not mention what they accept of proof.
Can you help if you come across any such situation for you or your friends.
i am thinking of submitting passport copy where i have the admission stamp from Bangalore airport, proof that i returned
back to India.
i do not have the boarding pass of that flight. otherwise that would have been a good proof.
i have experience letters, bank statements in india, tax returns, but not sure if they accept all that.
please help me if any other strong evidence can be given to prove my physical presence in india.
Thanks in advance.
I think the stampings on the passport when you landed/boarded in India and US should be sufficient proof of your stay. I had used the same method to reclaim a few days for my 1st H1 renewal.
yes, copy of passport pages showing entry to India at Bangalore airport will definitely be helpful. Also try to submit as many things as you can think of (like taxes paid in India, pay stubs from India, any travel within india etc).
In general, I dont think this will be a major problem.
Also try to provide a copy of air ticket (if airline company can provide it).
This would be a general reminder for all of us that it is OUR responsibility to surrender I 94 while departing US.
but generally you should be ok as long as you have some proof.
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
thanks guys for quick response.
i talked to Lufthansa. they give past tickets for $20. getting that.
infact i got married in dec 2002 after returning in Feb 2002. i guess that
should be a proof that i was in india.
i went to chennai consulate for H1 interview. i have the appointment copy with me.
i will provide as details as possible. please let me know if you can think of more.
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