New York  |  Immigration Law

Legal Question

Asked on: 5/20/13, 5:21 pm

Hi, I have an approved I-140 in the EB1B category. For my I-485, I got a RFE to submit proof of nonimmigrant status between 2003 and 2010 (when I was a student and postdoc). I have the I-20 for 2004-2009 (Ph.D.) and the I-797 for 2009- 2010 (H-1B for postdoc) but I can't find my first I-20 for 2003-2004 (the school doesn't have it either). I also don't have any saved I-94 copies from that time. Any suggestions for any alternatives? I will appreciate any advice. Thank you!

2 Answers


Answered on: 5/20/13, 5:35 pm by Rebecca White

You can file for a replacement I-94, and you can also make a FOIA request for copies of the prior I-20s. However, timing may be an issue, as the RFE due date may approach faster than the response to either the filing for the replacement I-94 or the FOIA for the I-20.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Office of Rebecca White Seattle, WA 98154

Other answers from this attorney

Answered on: 5/21/13, 11:18 am by Marlene Hemmings

The problem with FOIA or replacement I-94 applications are that they take so long to adjudicate & you might not have much time left before you have to respond to the RFE. Copies of admission stamps in your passport or U.S. visas might help.

I would speak with the DSO at the school & see if they can write a letter verifying your status, or see if they have your old file in electronic storage.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Marlene Hemmings, Attorney at Law 23371 Mulholland Drive, Suite 294 Woodland Hills, 91364

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

70 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search