EAD & AP Renewal RFE

I have applied for EAD & AP renewal for me and my wife in Dec 2012 to NSC. I have received RFE today, shown below, this is the same thing attached to each of our EAD and AP RFE letters. I have few questions below, I really appreciate if anyone have an experience in responding an RFE can provide some input on this one.

• We are in United States since we applied this and I can answer all the questions for Issue 1 below and but I am not sure what I should provide as proof for "You must establish that you were present in the United States on the date you filed this application.". Please advise what documents should I include for this?
• I think Issue 2 is just for my information purpose, so I don't think I have to respond to this. Just wanted to clarify
• For question 5, do you suggest entering any specific date for "Date of intended departure"?

==================================RFE============= =====================
Issue:1


1. Are you presently in the United States?
Yes ___ No___

2. If not presently in the United States, on what date did you depart the United States?
Actual date of departure _________________

3. Have you departed the United States, and returned to the United States, since the filing of this application?
Yes ___ No___

4. If you are not presently in the United States OR have departed and returned to the United States since filing this application, you must submit evidence to establish the date you departed the United States as a copy of your transportation ticket, flight itinerary, passport stamps, etc.

You must establish that you were present in the United States on the date you filed this application.

5. If you have not yet departed the United States, on what date do you intend to depart the United States?
Date of intended departure ____________________


Issue 2:

Title 8, Code of Federal Regulations, Section 274a.13(d) mandates that USCIS adjudicate a pending Application for Employment Authorization (Form I-765) within 90 days from the date of receipt.

This 90-day time period started started with the initial receipt of your application. Because additional evidence is required, the 90-day period for processing your application has been temporarily stopped. The 90-day period will resume after the Service receives the requested evidence.

Please take this in the processing of your application into account prior to contacting the Service regarding the status of your application
==================================RFE============= =====================


I really appreciate your time in this regard.

1. yes
2. Answer not required
3.No
4.Answer not required
5, You need to provide the date of your travel here, I will suggest 03/15/2013

On separate page, provide the reason for your temporary travel outside of the USA. I suggest to show the emergent reason. Also state clearly that you never left US and present in US since you applied.

pakkpk.

Thanks for the information. I am wondering, what information should I provide for "You must establish that you were present in the United States on the date you filed this application."?

I filed my Application on Dec 10th, 2012. We were at Dentist for regular cleaning @ end of December, I was thinking to provide this bill and may be credit card statements. Can you suggest if I should send anything else?

Could you get your employer to give you a letter saying that you reported to the office at address xxx on the dates in question? If you are working at a client site, you could try getting that letter from your reporting manager.

Quote:

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Originally Posted by dreamer

pakkpk.

Thanks for the information. I am wondering, what information should I provide for "You must establish that you were present in the United States on the date you filed this application."?

I filed my Application on Dec 10th, 2012. We were at Dentist for regular cleaning @ end of December, I was thinking to provide this bill and may be credit card statements. Can you suggest if I should send anything else?

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Thanks for the information. I will get the employment letter from employer.

I was going over the EAD & AP Renewal documentation I have sent. In I-131 application, Part 3, I have entered Date of Intended Departure Date as 03/15/2012 instead on 03/15/2013. This was a mistake on my end and might have triggered this RFE. Should I mention this in my response to RFE along with other documentation?

I think once you state that you never left USA on your letter that will suffice. Copy of your passport with no entry/exit stamps during past few months will establish that you are in US. I do not see any question from USCIS that "You must establish that you were present in the United States on the date you filed this application." unless it is stated in RFE. Employer letter will help too. You can take infopass at your local USCIS office to resolve it. You will be fine.

Quote:

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Originally Posted by dreamer

pakkpk.

Thanks for the information. I am wondering, what information should I provide for "You must establish that you were present in the United States on the date you filed this application."?

I filed my Application on Dec 10th, 2012. We were at Dentist for regular cleaning @ end of December, I was thinking to provide this bill and may be credit card statements. Can you suggest if I should send anything else?

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That is correct, it was mentioned in RFE, which I mention earlier.

I will try to get an infopass and check with them. Thanks for your suggestion. Do you have any template on how to response to RFE?

Quote:

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Originally Posted by pakkpk

I think once you state that you never left USA on your letter that will suffice. Copy of your passport with no entry/exit stamps during past few months will establish that you are in US. I do not see any question from USCIS that "You must establish that you were present in the United States on the date you filed this application." unless it is stated in RFE. Employer letter will help too. You can take infopass at your local USCIS office to resolve it. You will be fine.

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Hi,

I got the same RFE and responded back to USCIS with whatever the items that were mentioned in this thread. Do you know how long they took it approve this ? and did they ask for any additional documentation ? Please advise.