RFE on 485 while in India

[dunkin]

Hello,

I am presently in India (family emergency and also attending to some business) and now there is an RFE on my 485. They are asking for all I-94s, EADs, 797s, passport copy etc.

Background is, the last time I entered (July 2007), my H1B was valid till Oct/07, and the I-94 was given accordingly. In Sep/07, before my H1B expired, I got a 3 year renewal valid till Sep/10. I left US in Nov/07, but they did not take my I-94 at the time of exiting. I got H1B visa stamped in Chennai in Aug/08. I also initially got EAD and travel document, but both have since expired and I have not renewed them as I have H1B.

I have applied under AOS, not CP.

My questions are:

• can I just mail the docs they are requesting while still in India or is my presence required in the US while responding to the RFE?
• what can I do to not return to US right away but still get the 485 processed? Can I change to CP now? Is it advisable? Any pros/cons? it would really help if i can stay back in India and attend to some pressing matters, but if I HAVE to return, I will.
• the letter said "Submit documentary evidence of all nonimmigrant status granted to you since your last lawful admission to the U.S. on July 28, 2007 through the present" - if I re-enter, last lawful admission will no more be 7/28/07 and will be whatever date I re-enter on, will this be OK?
• any other gotchas or stuff that I should be aware of in this scenario?

RFE response is due by 5/1/09, so your early advise/comments/response is really appreciated.

Thanks in advance.

[gcisadawg]

Originally Posted by dunkin

Hello,

I am presently in India (family emergency and also attending to some business) and now there is an RFE on my 485. They are asking for all I-94s, EADs, 797s, passport copy etc.

Background is, the last time I entered (July 2007), my H1B was valid till Oct/07, and the I-94 was given accordingly. In Sep/07, before my H1B expired, I got a 3 year renewal valid till Sep/10. I left US in Nov/07, but they did not take my I-94 at the time of exiting. I got H1B visa stamped in Chennai in Aug/08. I also initially got EAD and travel document, but both have since expired and I have not renewed them as I have H1B.

I have applied under AOS, not CP.

My questions are:

• can I just mail the docs they are requesting while still in India or is my presence required in the US while responding to the RFE?
• what can I do to not return to US right away but still get the 485 processed? Can I change to CP now? Is it advisable? Any pros/cons? it would really help if i can stay back in India and attend to some pressing matters, but if I HAVE to return, I will.
• the letter said "Submit documentary evidence of all nonimmigrant status granted to you since your last lawful admission to the U.S. on July 28, 2007 through the present" - if I re-enter, last lawful admission will no more be 7/28/07 and will be whatever date I re-enter on, will this be OK?
• any other gotchas or stuff that I should be aware of in this scenario?

RFE response is due by 5/1/09, so your early advise/comments/response is really appreciated.

Thanks in advance.

My understanding is, during I-485 filing, if you have marked your application as CP, then you can switch it to AOS or continue with CP.
If you have marked it as AOS, then it has to be only AOS.

I don't see an issue replying to this RFE from India. Collect all your docs and send it.

RFE was issued before your intended return. So, even if you return, you old starting date (7/28/07) still apply and it wont from your new re-entry date..

pls. check with your lawyer.

GCisaDawg

[gcisadawg]

Can't believe it...Some lunatic has given a red dot for the above post!