An important question before submitting RFE

[maxx]

A guy I know of got an RFE asking for 3 things :-

1> Emp. Letter.

2> W2 's for three years.

3> Last 6 paystubs


Looks like a lot of people are getting RFE's like these ...


But his case has a lill twist ...

He joined the current sponsoring co. ( Company A ) in June '99.

His labor was applied in oct'99 and he got the approval by 2000 May.


Since his was EB3 ...at that point of time, his PD was not current.


He decided to take a lill risk and left A and joined a startup ( Co. B) in Dec 2000 ( By transferring H1-B ). But since the market crashed during that time ..so did Co. B and he lost his job in Feb. 2001. By a stoke of luck ...co. A re-hired him by march end '2001 ( they had not yet cancelled his GC or LC) ...so he continued his process and filed for I-140 ( which cleared by Oct 2001 ) and since his PD became current, applied for I-485 in Dec 2001.


In the reply for the RFE ...what he SHOULD do is :-

1> Show the hiring date ( for Co. A ) as March '2001 instead of June '99 as he had left A for three months.

2> Submit ALL the W2's ( the 2000 & 2001 W2's will have Co. B's W2's also ).

3> Submit the last 6 paystubs ( for Co. A ).


Potential problem :- Since Company B's W2's are included ...this might open a can of worms as there was a gap of nearly 1 1/2 months between job B and job A. This might lead to further questions ...

The W2's for 2000 & 2001 ( for Co. A ) show more than enough earnings ...

Any comments ?


Maxx.

 

[TheRealCanadian]

Originally posted by maxx
He decided to take a lill risk and left A and joined a startup ( Co. B) in Dec 2000 ( By transferring H1-B ). But since the market crashed during that time ..so did Co. B and he lost his job in Feb. 2001. By a stoke of luck ...co. A re-hired him by march end '2001 ( they had not yet cancelled his GC or LC) ...so he continued his process and filed for I-140 ( which cleared by Oct 2001 ) and since his PD became current, applied for I-485 in Dec 2001.

When BCIS asks for W-2s, they are doing so to determine who he worked for, and if there was any illegal employment. My suggestion would be to have the attorney outline the situation above, and provide copies of H-1Bs (or other work authorization) for all the companies outlined in the W-2s.

 

[letzhope]

When a person files for 485 one has to file biographic information form and it specifically asks for last 5 years of employment history and dates, what information did your friend provide

If your friend was in status from the time he lost job in feb 2001 and he rejoined in 2001, then there is no problem, other wise he has to go through 245(k) or 245(i) depending on how long he has been out of status.

it's better to present all the details. it is not a problem to have company b's w2, GC is for future employment as long as comapny A is willing to provide employment prospect , it will suffice the requirement

 

[Jan485]

Just curious

Does this guy have Internet access? Or doesn't he care more than you do? Or is he too busy (or not bother) to visit this site? How did you get to know all of HIS details?

I mean if this is really YOUR case, why not just state so like most people here do? That way, other people would know they're really providing some info/advice/opinion/etc. to YOU but not to somebody else who doesn't neccessary exist.

Anyway, YOU/HE should give all that BCIS has asked for -- the worst thing could happen to YOU/HIM is probably to pay $1000.

Good luck to YOU/HIM!

 

[maxx]

I guess it doesn;t really matter whether it's me / him .....

Sure he has internet access ..it's just that I subscribe to this forum and thought I will drop in a question on his behalf ..no big deal ...

So it all really boils down to this question ....what is the amount of time one can be out of a job on an H1 before getting another job ....


Maxx.