Legal Question in Immigration Law in New York

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!

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

2 Answers from Attorneys

Rebecca White Law Office of 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.

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Answered on 5/20/13, 5:35 pm

Marlene Hemmings Marlene Hemmings, Attorney at Law

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.

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Answered on 5/21/13, 11:18 am

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