1.My Job Was Terminated While My OPT Stem Extension Application Is Still Pending
Mr. Lee answers:
If your job was terminated while your OPT STEM extension application is still pending, perhaps the best thing to do would be to quickly obtain employment in your field with another employer who is under E-Verify. You should also notify your DSO of your changed circumstances when you obtain your new employment.
2. RFE for I-539 About Finances
Filed change of Status from F-2 to F-1 on Dec 3rd 2016 and received a RFE on June 8th 2017 asking for finances. I am not sure if they want updated documents because previous documents are more than 6 months old or they want my documents now because they think there are not enough funds or evidence. Last time when I submitted with application I stated my husband would be sponsoring for my studies and gave bank statements from India and also from here now they mentioned in RFE that they complete bank statements of three consecutive months showing all transactions /other cash assets/affidavits from sponsor. I am not sure how can I show transactions for bank account in India as it’s just a fixed liquid amount. Can I add additional sponsor and submit bank transaction statements and affidavit along with my husband’s bank statements here and pay stubs.
Mr. Lee answers:
U.S.C.I.S. may be asking for complete bank statements for 3 consecutive months to ensure that your husband is not merely putting in a large amount of money for one month into his account. If the money is in the account for the 3 months, that is probably good enough even without any transactions in the account. If you wish, you can add an additional sponsor. If you do so, you may consider having him or her submit a job letter and tax return in addition to the bank statements and affidavit that you propose.
3. Is I-94 Replacement Needed If the Arrival Stamp on the Passport?
Does my mom still need to get an I-94 replacement if she has the stamps of her arrivals in her passport? I’m in the military and filing for my mom. She claims to her recollection, the replacement is only necessary if there isn’t any evidence of your last departure/arrival but they’re all in her passport, stamped. I’m preparing to submit her forms to get her green card and I don’t want to spend an extra $445 for the I-102 if I don’t have to! But if necessary I will.
Mr. Lee answers:
The question is when your mom came to the U. S. The Department of Homeland Security is no longer giving I-94 cards to most people coming into the U. S. Since the last few years, people can access I-94 history and the latest entry by going on the customs and border protection (CBP) website (www.CBP.gov/I94). If your mother came in prior to May 2013 and does not have an I-94, she should file the I-102 with the adjustment of status application.
