Another "Dreaded" RFE received: Please HELP

T

TheEnquirer

Registered Users (C)
Gurus.................

I am in a completely screwed up position.

I-140, EAD.AP approved (current)
I-485 Dec20 2002 - RD

I took a risk that I-485 processing would be slow and took some time to find a new job.

BUT due to the wac03 processing now, I got an RFE now.

well its pretty clear that my I-485 will be cancelled if I dont reply tot he RFE. (by june 4 2004)

I am in the process of getting into a company now........
I am confident that I can give in

1. company's ability tp pay
2. 3 years W-2
3. EVL
4. AC-21 letter
5. Offer letter

but one thing I am NOT sure is the paystubs......
do anyoneof you know that if there is an offer letter- will INS forego the paystubs - GC being for future job???

I think i can still manage 1 0r 2 paystubs.....but dont think more than that
.

ANY HELP , INSIGHT WILL BE APPRECIATED.

I AM CONTACTING A LWAYER also and would post what the lawyer says........

I NEVER IMAGINED THAT THEY ARE GONNA PROCESS my I_485 so fast. so took a contracting job- not a permanent one.
 
You maybe able to go around the paystubs. Better get a proper job with a company that has proven record and ability to pay.
 
Enquirer,

I think if you can submit a letter from your new employer - that should be good enough and in the meanwhile if you can come up with 2 paystubs(Important - not necessary for 2 months - but 2 cycles - can be bi weekly stubs also).

I dont think you will have any problem.

Good Luck and keep us posted.
 
Time between posting and INS Receiving Date

Hi

I have an RFE that says....INS has to receive the documents by june 4 2004.


Does anyone know, ho wmany days before I have to post it.......................the time between psoting and the INS receiving

And also what are the other [faster ] methods of mailing.
All i have done is the Registered post......


Any help wiell be appreciated



:(
 
Hi Sb_tiger,

>> You maybe able to go around the paystubs. Better get a >>proper job with a company that has proven record and ability >.to pay.

If company has employees around 30 to 35(Active pay role)
Can they prove their ability.

Thanks
sank
 
sank,

In todays world an IT firm with 30-35 employees is BIG, believe me. In my opinion, more than the actual figures it is a question of how you word the RFE. And that is the precise reason we pay attorneys big bucks to write one page letters.

TheEnquirer,

You have three months to come up with a response. Be resourceful, now that it has come down to the wire.
 
Ability to pay is dependent on many factors- size, years of existence, profitability, assets etc.
Normally(per my reputed lawyer) if employee size is more than 100- ability to pay is not questioned. 30-35 employees with a few years of existence should not have a problem either.
HTH
 
TheEnquirer,

I agree with Rsur. Have anttorney write a good letter is the most helpful
in your case, and land a perm job ASAP, that's the best you could do.

Also, could you let us know what exactly the docs RFE asked for?
EL, W2, tax return?, paysturb? or even 1099?

Thanks and Good luck!
 
Hi

Yes I was asking for the time limit because I wanted to maximise the number of paystubs i can send...if at all i could.


but the disturbing trend i see is for my EAD and AP ( which i had sent in march and february respectively) it had taken around 15 DAYS from the day i posted and the RD date that says it in the online ins website.

AP: sent on feb4 2004 and RD says feb 19 2004
EAD: sent march1 2004 and RD says mar 15 2004



so does that mean i have to send in my stuff at the latest 16 days prior to the date it says in RFE???????




This is what my RFE states:

Note: You are given unitl JUNE 4, 2004 in which to submit the information requested.

pursuant to 8 C.F.R 103.2(b)(11) failure to submit ALL evidence requested at one time may result in the denial of your application.



in a spearate page:


1. Provide evidence of the petitoner's ability to pay the beneficiary's wage : <explanation>

2. Prospective Employment Letter: Submit a current letter form the prospective employer who filed the I-140 on your behalf to verify that theya re still offering you aposition. the letter on file is not current.

3. AC21: If your current employer is different from the orginal I-140 petitioner, please provide an employment letter from the new employer to include the new job title, a detialed job description, dates of employment , and salary

4. Employment Verfication: Incoem tax forms and W2's from the I-485 applicant. : Please provide copies of your personal income tax forms, including W-2's for the three most recent tax years. Also, submit the three most recent check stubs form your current employer
 
I got this from 8 C.F.R 103 form uscis.gov page

so they say that "An application or petition received in a Service office shall be stamped to show the time and date of actual receipt and,..."

but still it took 15 days for my application to go.........

do u guys know is there any other mode other than the Registered psot to send......and i dont think even the registered psot takes so much time to go :(




(7) Receipt date.



(i) General. An application or petition received in a Service office shall be stamped to show the time and date of actual receipt and, unless otherwise specified in part 204 or part 245 or part 245a of this chapter, shall be regarded as properly filed when so stamped, if it is signed and executed and the required filing fee is attached or a waiver of the filing fee is granted. An application or petition which is not properly signed or is submitted with the wrong filing fee shall be rejected as improperly filed. Rejected applications and petitions, and ones in which the check or other financial instrument used to pay the filing fee is subsequently returned as non-payable will not retain a filing date. An application or petition taken to a local Service office for the completion of biometric information prior to filing at a Service Center shall be considered received when physically received at a Service Center. (Amended 6/1/01; 66 FR 29661)



(ii) Non-payment. If a check or other financial instrument used to pay a filing fee is subsequently returned as not payable, the remitter shall be notified and requested to pay the filing fee and associated service charge within 14 calendar days, without extension. If the application or petition is pending and these charges are not paid within 14 days, the application or petition shall be rejected as improperly filed. If the application or petition was already approved, and these charges are not paid, the approval shall be automatically revoked because it was improperly field. If the application or petition was already denied, revoked, or abandoned, that decision will not be affected by the non-payment of the filing or fingerprinting fee. New fees will be required with any new application or petition. Any fee and service charges collected as the result of collection activities or legal action on the prior application or petition shall be used to cover the cost of the previous rejection, revocation, or other action. (Paragraph (a)(7) revised effective 3/29/98; 63 FR 12979)
 
Update: RFE PAYSTUBS - 1 day priority mail to BCIS

Hi

I has posted my case before and got some valuable suggestions.

i have some update. I was able to get an offer form a reputable company ..............but looks like I can manage only one paycheck.
( the RFE asked for 3 paystubs)

ithe payc check comes to me on may 27..which is a thursday and my date on RFE says i have to reply by june 4.

I got the below mail from krishnagopal from another thread.........and he says there is a 1 day priority and 3 day priority...

have anbody used an 1 day prirority mail...............if so please let me know if works fine or is there any risks/issues/problems with that..................???????


****************************************************
TheEnquirer,

I think it is better to answer the query with atleast 2 pay stubs. Since they asked for 3 pay stubs I thibk they might look for those 3 pay stubs but I am not sure. Please check with your attorney.

BTW Pay Stubs are not a part of Tax Returns. BCIS is asking for pay checks because they want some proof that you are employed with some company full time.

You can send all the documnets to BCIS using 1 Day priority / 3 Day priority. My attorney has sent all my docs using 3 Day priority and it reached BCIS on the 3rd day.

So I guess you can also send them using the same method.


__________________
KrishnaGopal
****************************************************
 
Use FedEx or UPS overnight

They'll receive it on 5/28 and you'll have the tracking number to prove it. I believe you can even check the signature of the recipient on-line.
 
TheEnquirer,

Originally posted by TheEnquirer


AP: sent on feb4 2004 and RD says feb 19 2004
EAD: sent march1 2004 and RD says mar 15 2004

so does that mean i have to send in my stuff at the latest 16 days prior to the date it says in RFE???????
Click to expand...

I have always sent all ead/ap renewal using FedEx overnight... and always got the RD as next day... But I will suggest that you send at a week (at least 2-3days) before your last date of RFE response.
 
Re: Update: RFE PAYSTUBS - 1 day priority mail to BCIS

Originally posted by TheEnquirer

have anbody used an 1 day prirority mail...............if so please let me know if works fine or is there any risks/issues/problems with that..................???????
Click to expand...


No problem in using 1 day priority... Only differance from USPS will be that You have to use the actual street address as FedEx / UPS do not deliver to P.O. Box Number... Also in the second address line mention the P.O. Box number (if applicable) or ATTN. line, so that the INS can sort your mail correctly...
 
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