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Can2004
03-01-2008, 11:49 AM
Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.

Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.

Any suggestions on how to respond to this RFE.

Thanks

gokhale35
03-01-2008, 12:22 PM
[QUOTE=Can2004;227413]Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.

Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.

Any suggestions on how to respond to this RFE.

I would suggest to take a letter from your employer saying that you reported to work the following day. Also show any purchases you made after coming back here like credit card bills. Any lease paperwork and checks that you were paying rent or mortgage. These are just few ideas . But do check with your attorney as they are in better position to respond.

I also did my PR landing in canada and when returning back next day I was not given any new I-94 nor the I-94 was stamped because I was returning within 30 days. But I have not gone back to canada after that and have given up the canada PR because I wanted to pursue the US PR here.

ajju
03-01-2008, 01:04 PM
Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...

I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...

I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...

Good luck... should be resolved soon.. and you'll get GC soon...
Where's mine :-(

Can2004
03-03-2008, 12:35 AM
Thanks guys. Luckily I still have the U-haul rental receipts and all credit card statements for that period. Will send all that. I hope that will help.

meridiani.planum
03-03-2008, 12:48 AM
Thanks guys. Luckily I still have the U-haul rental receipts and all credit card statements for that period. Will send all that. I hope that will help.

talk to a lawyer. What you might need instead is to send an explanation that the last time you were admitted is the date stamped on your passport/I-94. The date mentioned in your I-485 is the last date of entry after a non-stamping readmit using visa revalidation etc.

REQUIRE_GC
09-18-2008, 02:33 AM
talk to a lawyer. What you might need instead is to send an explanation that the last time you were admitted is the date stamped on your passport/I-94. The date mentioned in your I-485 is the last date of entry after a non-stamping readmit using visa revalidation etc.

I have received RFE for very similiar situation. I entered through Niagara Falls
from Canada and My Passport was NOT Stamped. I received RFE for last lawful Entry in United states.

My Attorney told me to submit all CC statement and Affidevit explaining what happened on the POST ( IO checked my Passport and not stamped that sort of ..)

I have PR from CANADA so, while going to CANADA also my passport was not stamped. We are sending the RFE response today (09/18/2008).
Would this be a big issue? or It is a routine RFE?
GURUS ANY THOUGHTS?

Can2004
09-18-2008, 10:39 AM
Hi there,
I submitted a response for similar RFE in march.My attorney just asked me to submit CC statements for that month when I entered US along with an affidavit that passports were checked but not stamped.We did that. My case status changed to ""response received and processing resumed"" after USCIS received the response.
I used to commute accross the border 5 days a week for almost 2 years and my passport was never stamped after the initial entry.

I hope this helps.

jingi1234
10-08-2008, 06:52 PM
can2004:
What is your current status? did u get your GC? and when did u respond to RFE? 5 months ago?:confused::eek::rolleyes:

Can2004
10-08-2008, 09:26 PM
H1B, AOS pending @ NSC(PD- Sep 2004, 485 RD - 08/17/2007).
Yes, I responded in march of this year.Few LUD's in July and Aug but no GC.

sameer2730
02-03-2009, 09:54 AM
Should it be the date you last received a valid I-94 at the POE or the date you entered from canada or mexico using AR?

krishnam70
05-04-2009, 11:12 PM
Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.

Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.

Any suggestions on how to respond to this RFE.

Thanks

It happened to me too, though my attorney advised to correct this before filing our 485. I was forced to take a vacation by my employer to go out of country and enter getting us a new I-94. Do u have any inspection documents etc that were given at the POE you might be able to provide that as proof.

- cheers
kris