485 RFE needs help!!!

C

cklein

Registered Users (C)
I received my RFE notice today, here is what they need:
1. Employment letter with the usual stuff.
2. Paystub for last 2 months.
3. Tax return for last 2 years.

These seems easy, but turn out difficult to me.

For Employment letter, I can convince my employer to write one for me.

For the paystub, my current Employer is delaying my paycheck for 1 - 2 months, so I don't have the most recent one. DAMN!

for the tax return, because my employer delayed my paycheck, but a part of the pay is not collected from the client yet, thei filed a lawsuit to that client, but they also delayed my pay, that my 2004 W2 looks ugly.

It's only $41,000 on it!

And my salary raised from last August as I changed my client, my current salary is close to the labor, around $80k.

I am stuck. I got punished because someone took my advantage, double punish? SHIT.

But anyway, should I just send the crappy tax return and paystub for 2 months old? Any risk in it?

Thanks,

Calvin
 
cklein said:
I
For the paystub, my current Employer is delaying my paycheck for 1 - 2 months, so I don't have the most recent one. DAMN!
Click to expand...

One or two months old paystubs should be OK. "Most recent" does not have to be "this month's" paystub.


cklein said:
for the tax return, because my employer delayed my paycheck, but a part of the pay is not collected from the client yet, thei filed a lawsuit to that client, but they also delayed my pay, that my 2004 W2 looks ugly.
Click to expand...

This part is difficult to convince USCIS. GC sponsorer should be able to pay employee irrespective of "delay" or "non-payment" from client. In general, if you are a W-2 employee, your salary payment should not be tied to client's payments schedules. Even though GC is for future employment, low salaried tax return raises serious question about your GC sponsoring employer's ability to pay. You need to talk to a lawyer for how to handle this situation.
 
Also if you are using EAD then it will be a real problem, they may reaise your employer can not pay you that much sal. If you are stil working on h1b1, then you can submit the documents what ever they ask. In case of any additional RFE or NOID.... you can tell him that you are maintaining the status on h1b1 and h1 salary will usually be in 41K's....

Some one told me like this....consult a lawyer first
 
If it's a purely H-1B problem

It might not be a problem.

Yea, I am on my H-1B till now, but will convert next week or month. As it will expire on 4/30/2005.

But the funny part is, when I applied my H-1B, they actually offered me a very low salary, I believe it's around $40k, not sure the exact number, but Absolutely less than $45,000.

Though I missed several paycheck, but I changed my client last year, and my pay got doubled, so some how the total caught up. :)


Let say: The LC asking for $80xxx, the H-1B asking for $4x,xxx, my W2 is $41,xxx, and my current salary on my pay stub is: $2880/2 weeks (before tax), so it's roughly $80.xxx.

Will this be a problem?

I need to figure out how to get the latest pay stub, but if the tax return is fine, I guess I will be fine!

Thanks,

Calvin
 
No w2 with 485

I haven't submitted W2 and Paystub with 485, the reason is, when I apply 485, I didn't work for a whole year yet, no W2 from them. It's a Labor Sub case.

I guess I made a mistake that I didn't submit the Paystub though! Shit.

Now I know why I got RFE, I didn't submit Paystub, DAMN************
Or else, I would be approved already, damn it.,

dbwr said:
Had you submitted you w2 and paystubs when you filed the 485
Click to expand...
 
cklein said:
Let say: The LC asking for $80xxx, the H-1B asking for $4x,xxx, my W2 is $41,xxx, and my current salary on my pay stub is: $2880/2 weeks (before tax), so it's roughly $80.xxx.

Will this be a problem?
Click to expand...

If your recent paystubs show close to $80,000, you will be fine. As GC is for future employment, employer is not required to pay it before I485 approval. If your recent paystubs show somewhere around $80000, that's a strong case to demonstrate employer's ability to pay. However, lower salary in past (by sponsoring employer) always give a scope to dig into matter farther.
 
I guess you should not be a problem. GC is a for future employment. Your low salary is determins your employer capability. However you are in h1b1 until today. Currently you are in good salary. if you have three four months like that send them evey thing from jan 05.
 
I think there are two issues here.

(i) Company's ability to pay (Which they normally care during 140 processing not at 485). If the company has profit which at least same as the unpaid amount then company is fine.

(ii) Your status :
If you were not paid atleast the amount specified in the LCA for H1 then it might affect your status too. YOu might want to show some long term illness or something (unpaid leave). Or you can say you were on training - upgrading your skills.

I guess you would need a CPA and /or attorney
 
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