485 RFE to submit 2004 earning statements

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greencard36

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485 RFE to submit 2004 earning statements--Please help?

Eb2 Substitution case.
EAD,AP approved in FEB-05
140 approved in May-05
Now got a query on 485
It says
"Submit your earning statements for 2004"
What does this mean?

I joined this company only in Oct,04.
In 2004, I was in India for two months and for more than a month I did not work..
Is this going to be any issue? Overall, I did not work for more than three months in 2004..
Please suggest..
 
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greencard36 said:
Eb2 Substitution case.
EAD,AP approved in FEB-05
140 approved in May-05
Now got a query on 485
It says
"Submit your earning statements for 2004"
What does this mean?

I joined this company only in Oct,04.
In 2004, I was in India for two months and for more than a month I did not work..
Is this going to be any issue? Overall, I did not work for more than three months in 2004..
Please suggest..
Click to expand...

I dont know too much about this stuff. In my case I worked only 4 months in 2003 and 6 months in 2004. I have submitted earnings for those months. However I have no visa issues, as I was not on any H1 during the period I was not working. Since you have given so little info about your status etc. I cannot say. Also I am not a lawyer. I dont know what constitutes out-of-status with regards to H1. For eg, I dont know if holding a H1 and not working (getting paid) while staying in the US, constitutes out of status. I am not a lawyer.
 
greencard36 said:
Eb2 Substitution case.
EAD,AP approved in FEB-05
140 approved in May-05
Now got a query on 485
It says
"Submit your earning statements for 2004"
What does this mean?

I joined this company only in Oct,04.
In 2004, I was in India for two months and for more than a month I did not work..
Is this going to be any issue? Overall, I did not work for more than three months in 2004..
Please suggest..
Click to expand...

Just reply with your tax returns and W2. In cover letter mention that you were on the vacation for three months in your home land. It should be fine.
 
harapatta2005 said:
you are NOT out of status even if u were not working for 2-3 months as long as you have valid H1 during this period.
Click to expand...

It depends. If the person is not in payroll, he can be considered out of status (even if he has valid H1). If the person is in unpaid leave, that should be OK. However, USCIS is always suspecious about long (say 1+ months) unpaid leave in USA.
 
greencard36 said:
In 2004, I was in India for two months and for more than a month I did not work..
Is this going to be any issue? Overall, I did not work for more than three months in 2004..
Please suggest..
Click to expand...

In fact I would suggest that in letter you just mention only your two months vacation in India. Don't mentioned anything about the month when you were in USA but did not work. If USCIS aware of your arrival/departure records, saying you were three months India can be counter-productive.
 
Thanks Pralay!
How can I prove that I am on unpaid leave?
What kind of docs I would need to provide?
As I was on leave(so called) when I was with my previous employer, I am just wondering what do I need to ask him for?
 
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