485 RFE Need Help

R

roy1

Registered Users (C)
Hi,
I'm relatively new to this site.

MY I 140 recently got approved. I havnt got a FP notice as yet. I checked my online status and it said I've been sent an RFE. I'm not sure for what. Any ideas.

I am concerned beacuse my LC states a salary of 60,000. My W2 from 2003 is for 60K, But my W2 for 2004 is 40K. Our company had a recent increase in its overhead so all of us have had to take a paycut. The only saving grace is that the prevailing wage is 40K. So I am by no means being payed less than the prevailing wage. I am only not being payed the LC amount.

Do you think that this will be a problem for me. How should I handle it. Since Most RFE's are for w2 and tax returns. I need some serious help.

Thanks,
ROY1
 
RFEs for 485 are hardly for the prevailaing wage. Its 140 where u get such RFEs. U are beyond tha hump now so relax. 485 RFEs will mostly be for out of status questions, birth cert., medical, police record, etc.
 
485 RFE, looking at the threads, people have been asked for w2, employment verificatnion and pay stubs. Do you really think that I'm way past that stage for w2 requests and tax returns.

I'm realy concerned. Any other advice or am I just flipping out unnecessarily.
Thanks
ROy1
 
roy1 said:
485 RFE, looking at the threads, people have been asked for w2, employment verificatnion and pay stubs. Do you really think that I'm way past that stage for w2 requests and tax returns.

I'm realy concerned. Any other advice or am I just flipping out unnecessarily.
Thanks
ROy1
Click to expand...
Generally, 485 RFEs do require W2s, Tax Returns, Employer's Ability 2 Pay, W2, W3, and EVL. However, your previous W2s and Tax Returns are to check your tax paying record but not to check your annual income. Employer's Ability 2 Pay, W2/W3, and EVL are to make sure employer is able to pay the proffered wage once the petition is approved. Please note that USCIS is interested in checking the employer's ability to pay you once the petition is approved not before the approval. However, previous figures certainly help USCIS in making a decision.

If you are worrying about the annual income in your previous W2s, relax no need to worry. What is more important is that whether the employer can/is ready to pay the proffered wage AFTER the approval of the petition. After all GC is for future employment.
 
First thanks for getting back on the possible RFE senarios. Couple questions.
What is an EVL?
Questions about status. I've been in the US on couple F1's with I 20's and on Couple H1's as well. What are the chances that they request copies of the I20 as the RFE.

The second question pertains to working on an H1B visa. Is it leagal to work on an H1B visa after filing the petition or only after the approval.
My senario is that I began working for a company without a vaild visa for about 7 months prior to the approval. Not sure how this happened or did not get caught earilier. Any thoughts if this might jepordize my 485 process. Any thoughts.
Thanks.

Roy1
 
Roy,

Dont think too much. It might be a small think. I was worried like crazy when I got an RFE on my I-140 thinking of too many things and making too many assumptons. Finally when i got the RFE it was just about a missing document. So, don't worry be happy until you get your RFE in hand and enjoy your weekend.

thanks,
 
Will get there,
Thanks, for the input. I'll take you up on your suggestion. I'll try and relax this weekend. I'll post more after the RFE. I'm sure all you guys will be able to help.

PS. Congrats to curious George. That is one person who really deserves his GC. Once again Congrats man youre free.!!!
 
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