485 Rfe

1

140stuckforever

New Member
My 485 application got an RFE on Dec 13th 2004, same day I got my 140 approval.
My details are 140/485 RD 01/09/03, LC Substitution, EB3.
The RFE asks for w2 for 2003,2002,2001.
The problem is in 2002 I was laid off and was without job for 8 months. So my 2002 W2 annual salary is way below the LC wages.
But 2003 and 2004 wages are in line with LC wages.
Since this is an LC Sub in 2003, does 2002 wages matter in comparison to LC? or are they just looking for some w2 to show i worked?
 
My attorney told me that if you left US and re-entered again on a different status say H1 -> H4 then out of status for periods before u left US should not matter and is irrelevant as long as u have not overstayed ur I-94.

You may want to check with ur attorney if you can find anything of that sort
 
Last edited by a moderator:
josamdee,
I have not gone out of the country. My lawyer is on an extended vacation and will return mid Jan 2005.
Anyone else has advice?
My question again is, 1 year of my W2 salary is less than that of LC, am I in trouble?
This year was before my 485 was applied(LC sub).
 
As far as I know, GC is for future job, hence the salary provided on LC is the one that the employer will pay in future.

My W2's were also less than the one provided on LC. My employer then sent a letter saying that the company is willing to pay the said salary immediately, which was done. And our 140 was then cleared.

Hope this info helps. And do speak to your lawyer, I am sure he will take care of it.

Jajabhor
 
140stuckforever said:
My 485 application got an RFE on Dec 13th 2004, same day I got my 140 approval.
My details are 140/485 RD 01/09/03, LC Substitution, EB3.
The RFE asks for w2 for 2003,2002,2001.
The problem is in 2002 I was laid off and was without job for 8 months. So my 2002 W2 annual salary is way below the LC wages.
But 2003 and 2004 wages are in line with LC wages.
Since this is an LC Sub in 2003, does 2002 wages matter in comparison to LC? or are they just looking for some w2 to show i worked?
Click to expand...

As your 2003 and 2004 salary is close to LC salary, it's a good sign.
However, your 8 months without any job in 2002 can cause problem. 245(k) covers out of status upto 6 months (180 days). Unemployment of 8 months is an issue. You need to talk to a good lawyer for this reason.
 
Thanks jajabhor and pralay.
pralay, actually I did receive 2 months of severence, and my experience letter from that company also covers the severence period, so technically I was out of job for 6 months. You think I should be Ok then?
My question is if GC is for future employment why do they ask for last 3 years W2? :confused: Is this only to verify I was employed?
 
140stuckforever said:
Thanks jajabhor and pralay.
pralay, actually I did receive 2 months of severence, and my experience letter from that company also covers the severence period, so technically I was out of job for 6 months. You think I should be Ok then?
My question is if GC is for future employment why do they ask for last 3 years W2? :confused: Is this only to verify I was employed?
Click to expand...

Your current salary covers the issue of LC (the salary for future employment). As your current salary is close/equal to LC salary that implies that "in future" also your employer is going to pay you that salary. And that's a good sign and I don't see any issue in that matter.

However, in I-485 stage USCIS reviews the eligibility of beneficiary (you) - which includes past visa/immigration status. Not working 6 months is obviously a status violation of H1 visa. Somehow USCIS got an idea (either from your biographic information or their own database/record) that you have violated your visa status in past and I guess that's why they asked for your 2001, 2002 tax returns.
Normally after replying RFE, USCIS sends NOID (notice of intend-to-deny). But there is no reason to panic, if you were out-of-status less than 181 days. You can use 245(k), pay $1000 fine and get approval. But if you were out of status more than 180 days, then there will be an issue.
I don't know whether severence period is counted in H1 visa status. That's why you need to talk to your lawyer. Experience certificate can be good proof, but if your ex-employer already reported to USCIS that you were terminated on XX/XX/XXXX date (which is your actual termination date, excluding your severence period), then it could be an issue.
 
Last edited by a moderator:
You must log in or register to reply here.
Top