TPS to AOS maintenance of non immigratant status RFIE!!!

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Namastey sajha folks,

Got hit with an RFIE on my employment based I485 recently. It is on maintenance of status while on F1 from the last entry till filing i485. This is confusing to me since I mentioned on the form that I was in tps at the time of filing. Before that I was on F1, filed for my OPT and OPT extension and once it expired, switched to TPS EAD. I have submitted all my I20s , EADs and TPS initial registration and re-registration while filing my I485. Not sure what additional evidence I can provide beyond that. I would also like to mention that the last time I reentered the country was as F1 and have never left the country in AP.
Fellow sajha members who have had the same RFIE, can you please explain how you proved your case? Thank you in advance!

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mike_tyke21

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can you share timeline of all your statuses? when you got F1, when you finished school, when you got opt and when you got TPS

Thapas09

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@mike_tyke21,

Here is my timeline:

F1: 2013
Traveled home on F1 on 2015
Initial TPS and EAD approved on 06/2016-12/2016
TPS re-registration approved No EAD 12/2016 - 06/2018
Initial OPT : 05/2017-05/2018
OPT extension: 05/2018-05/2020
TPS EAD : 02/2020-01/2021
I485 applied: 11/2020

mike_tyke21

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when you filed i-140, did you say F1 or TPS? Looks like incompetence on their part since your timeline looks ok. when on F1 and TPS between 2013 and 2017, did ever you work outside of school and over 20 hours?

Thapas09

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Oops sorry I got my timeline mixed up. I was still in F1 when PERM was filed but by the time it got to filing I140 and then I485(it was non-current), I was just on TPS. What other documents do you think I need to give them to prove my case? I do have a lawyer but I do not trust them to do a thorough job since they work on so many cases at a time so I have to be proactive for my own sake. And no I didn't work outside. Thank you.

Last edited: 21-Sep-21 10:59 AM

mike_tyke21

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did you talk to your lawyer? what did he say? I've seen other people able to adjust from TPS -> green card so not sure if this is an outlier or something we should consider when applying.

Pepper

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Hi kina RFe dio ta …Mero similar case EB3 RN . It’s already approved without an interview
Time line
F1 since 2008 to 2015
Travelled to Nepal 2010 as an f1
2015 to 2021Tps status
2014 -2015 opt ead

I was working 2017 to 2021 using EAD from pending Asylum ( husband main applicant)

I485 applied on oct 2020 , (I put TPs as a current status)
It’s approved on mid July with out an interview
I had company’s lawyer…she submitted everything in the beginning copies of all i20s, eads, medicals , bank statements etcs

USA ate my all 20s n 30s :( but finally I got it
Good luck

Last edited: 21-Sep-21 05:01 PM

Thapas09

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@Pepper, bank statement chai k ko lagi? I944 ko lagi ho? Kina vane f1 maintenance ko ma ta relevant nai vayena ni haina?

Pepper

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@thapa ji supporting docs hola idk she asked I gave everything…

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