Immigration Voice - Forums
Get Involved Contact Lawmakers Contact Media Inform Friends Latest Posts Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > Travel out of country and re-entry during/after 485 filing
Click to log in with Facebook
Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

advertisement
 

Donation Goal
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
Donate Now
Please contribute to Immigration Voice.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 10-06-2008, 03:13 PM
Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: May 2006
Posts: 26
rbkrao is a glorious beacon of light rbkrao is a glorious beacon of light rbkrao is a glorious beacon of light rbkrao is a glorious beacon of light rbkrao is a glorious beacon of light rbkrao is a glorious beacon of light
Default RFE on my 485. Proof for presence in india

Hi,
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
i overstayed.

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.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 10-06-2008, 03:24 PM
NKR NKR is offline
Senior Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
08/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/05/2007
Compare
Join Date: Jan 2008
Posts: 577
NKR has a reputation beyond repute NKR has a reputation beyond repute NKR has a reputation beyond repute NKR has a reputation beyond repute NKR has a reputation beyond repute NKR has a reputation beyond repute NKR has a reputation beyond repute NKR has a reputation beyond repute NKR has a reputation beyond repute NKR has a reputation beyond repute NKR has a reputation beyond repute
Default

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.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 10-06-2008, 03:32 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
Compare
Join Date: Nov 2007
Posts: 395
kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute
Default

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.

Good Luck.
__________________
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
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 10-06-2008, 04:40 PM
Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
Compare
Join Date: May 2006
Posts: 26
rbkrao is a glorious beacon of light rbkrao is a glorious beacon of light rbkrao is a glorious beacon of light rbkrao is a glorious beacon of light rbkrao is a glorious beacon of light rbkrao is a glorious beacon of light
Default thanks

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.
thanks.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks

advertisement
 

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
unlawful presence medc Analysis Discussion 6 02-09-2010 11:01 AM
Determination of Unlawful Presence CMan Non-Immigrant Visa 0 12-03-2009 08:40 PM
Presence in person during EAD Filing matreen Travel out of country and re-entry during/after 485 filing 0 04-16-2008 07:55 PM
Filing 485- Physical Presence in US Requirement mdy_tvr Travel out of country and re-entry during/after 485 filing 20 07-20-2007 09:54 AM


advertisement

All times are GMT -5. The time now is 05:20 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2013, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org