A question on behalf of my friend, plz help...

C

Chubber Singh

Registered Users (C)
Here is the detail draft he sent me, will really appriciate if some one can share something.
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USCIS (VSC) has asked for the following-

1. My last 2 Years' (i.e., 2002 and 2003) W2s,
  1099s and Tax Returns
2. My last 3 Months' Pay Stubs
3. A letter from the current Employer stating:
  (a)intent to employ
  (b)date of hire
  (c)job description
  (d)salary
  (e)prospects of continued employment
  on the Company's letter head
4. Photo copies of all pages of my Passport

There are no issues with 2, 3 and 4 at all.

My LCA specifies a salary of US $60,000 PA.

I worked for my current Company (who is my GC Sponsor as well) from 2000 May
(i.e., when I came to the USA) until 2001 Dec, when I earned US $32,000 and US
$67,000 as per my W2s for 2000 and 2001 respectively. I was on an unpaid LOA in
2002 Jan for doing some self studies.

Now, in 2002 Feb, I left my current Sponsor Company and worked for another
Company X from Feb thru Aug and earned US $26,000 as per my W2...besides, they
paid me a total 'Per Diem' allowance of US $6,000, which is non-taxable and does
not feature in the W2, even though it is there on the Pay Stubs.

Then I left them and I re-joined my current Company in Sep 2002. I was on an
unpaid LOA in Sep for doing some self studies. My current Company paid me US
$8,000 as per my W2 from Oct until Dec 2002.

In 2003, My current Company paid me US $36,000 for the Year 2003 as per my W2,
but I was in India on LOA from Oct 29 until Dec 26, for family visit.

For this Year 2004, I am on course with my LCA Salary of US $60,000.

Could any of you relate to this situation and let me know if have received
similar RFEs on the I-485. If you can or have got similar RFEs, is it a big
deal, in your experience? Is my GC going to be denied based on the lower W2s for
2002 and 2003? I would much appreciate any inputs on the same as well as how to
tackle the issue best.
 
I was working on a similar RFE for my 485 i received today. Especially they asked me to send all schedules of tax return and not sure what information is useful to them and how. And regrading my W2's i have them for more than LC mentioned number. But when i filed my taxes i did take some work related expenses while filing taxes. In other words if the W2 is for X amount , when i prepared my taxes i took some off as expenses and paid taxes for only X - expenses.

Can anybody share if they had any issues if this.

thanks
 
As his 2004 salary is as per LCA and matches "future job" salary (LC salary), that a good sign. However, from the RFE, it seems the adjucator is trying to find some holes in his H1 status period and that's why he is looking for 2002 and 2003 tax returns. He has to keep in mind following points:
  • In 2002/2003, if he was out of status for more than 180 days (specifically in 2002), this could be a problem for him. From his posting, his status is not clear. The "self study" could be considered "benching" or unemployment and hence out-of-status.
  • Getting low pay in "Company X" is not an issue. But as his sponsorer company also paid very low in 2002 and 2003, that can raise question about company's ability to pay. However, if his last three paystubs are straight enough (with $60000 salary), that can cover this problem.

Overall, if he can save his skin from out-of-status issue, he should be fine.
 
Agree. GC is for future job. If they can now pay 60,000 it can be defended that they would be able to pay. Out of status for > 180 day is a problem.
 
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