485 RFE dilemma

gcgcgc04

Registered Users (C)
Hi, Folks:
One of my friends received a RFE follows.

submit copies of 1040 for the 2003 and 2004 tax years, along with all of the schedules and attachements for each year. Also, provide all of your Forms W-2 for each of the above years. If you were unemployed,or only employed on a part time basis during any of the period requested above, provide a statement indicating such, along with an explanation as to how were able to afford your living expenses. Also, submit your three most recent pay stubs.

The problem is that in 2004, when
he change his job
from employer A to his current GC petitioner,He has a gap between H1 transfer. He resigned
at Friday. The attorney didn't file H1 transfer til
next Tuesday. Thus, His new company
changed my starting date to that Wesday and He had
2 days unemployed. My question
is that should he list these two days as unemployment in the reply to
RFE ? Does INS ask this question as routine question in RFE?
 
I think your friend needs to talk to the attorney. It is never advisable to lie to USCIS.

When ur friend resigned, was it formal or verbal. Did company A document it in anyway? Did they cancel his H1 or notify USCIS as such? If not, then he may not be out of status.

But again, don't take my word on this one. Your friend needs to consult his attorney immediately.
 
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