485 RFE for Employment Evidence

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xihu24

Registered Users (C)
I just received 485 RFE for employment evidence. I will submit W-2s and tax returns. Do I need to submit pay stubs?

Due to the economy situation, my company has decided to temporarily stop production one day every month, starting from March 2009. So my two-week pay stub shows 4 hours pay less. This affects all employees. Would this be a problem for my 485 RFE?

Please advise. Thanks a lot.
 
xihu24 said:
I just received 485 RFE for employment evidence. I will submit W-2s and tax returns. Do I need to submit pay stubs?

Due to the economy situation, my company has decided to temporarily stop production one day every month, starting from March 2009. So my two-week pay stub shows 4 hours pay less. This affects all employees. Would this be a problem for my 485 RFE?

Please advise. Thanks a lot.
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what is asked by USCIS? what USCIS has written on RFE letter?
 
Thanks ginnu. Here it is:

Submit a list describing your employment history since your change from F-1 to H-1B1, nonimmigrant status effective on (date here). This list shall include the name and location of each employer, the job title(s) and duties, the educational/training requirements, the dates you held each position and the salary/wage paid.

The list should be supported by documentary evidence which establishes your employment history. Such evidence may include, but is not limited to complete, legible copies of Forms W-2, Wage and Tax Statements; Forms 1099, Miscellaneous Income; pay vouchers and/or cancelled checks(both sides); U.S. federal income tax returns.
 
xihu24 said:
Due to the economy situation, my company has decided to temporarily stop production one day every month, starting from March 2009. So my two-week pay stub shows 4 hours pay less. This affects all employees. Would this be a problem for my 485 RFE?
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You probably should provide pay stubs, since the tax returns and W-2 do not establish employment in 2009. The reduction in pay might be a problem for your H-1; was a new LCA filed?
 
Thanks, TheRealCanadian. No new LCA filed at this time.

I did not change employer. The same company is willing to provide almost the same Employment Verification Letter. The reduced salary is still above the salary requirement.

If the company provides another letter to indicate that the one day short is just temporary, would that be helpful?
 
xihu24 said:
Thanks, TheRealCanadian. No new LCA filed at this time.

I did not change employer. The same company is willing to provide almost the same Employment Verification Letter. The reduced salary is still above the salary requirement.

If the company provides another letter to indicate that the one day short is just temporary, would that be helpful?
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They have asked for paystubs:
"pay vouchers and/or cancelled checks(both sides)"

I would send them paystubs.

Also, they have not asked for number of hours you worked for.

You said your salary is above salary requirement, what requirement you're talking about:

a) LC for GC... if this is the case, you're fine.
b) More than LCA for H1B:As RealCanadian said, then you may have problems for your H1B. Better check with your lawyer... you might have to submit amended H1B to reflect this because your previous H1B was for full time..

I think you need to be careful and check with your lawyer... one day work reduction could be argued as layoff, not for you but as company as a whole... the argument could be if you were not working there then four persons, 4 days you're working now, could be working 5 days a week instead of 4 days.. just a thought...

Good luck!
 
This is not a big deal if the salary reduction makes you remain above the H1B and GC salaries stated on the LCA and labor certification, and the 4 hour reduction does not move you below the minimum to be considered "full time" (although the definition of full time is not so straightforward ... see http://www.usvisanews.com/content/view/59/41/ ).

Submit the pay stubs and an employment letter saying you're still employed, and you'll be OK (unless the reduction means you'd violate one of the conditions I mentioned). If this job is not the same one you were sponsored for in your green card process, the letter will need to include enough job description information to show that the job satisfies the AC21 "same or similar" criteria. And there is no need to tell them of your hours being reduced unless specifically asked.
 
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M_img, thanks for your response. My salary remains above the H1B and PERM salaries stated on LCA and labor certification. A couple years ago when my salary got first raise, I contacted my attorney and he said it is fine.

Jackolantern, your message is very helpful and encouraging. I did not change employer and my company should be able to provide almost the same Employment Verification Letter.

I will check with my attorney and find out his opinion.
 
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