another paystub posting for rfe at rupnet

G

gheewalabhai888

Registered Users (C)
User :sreec last Updated : 5/14/2003
Rfe Type: Employment Rfe Dt :04/17/2003
Employment Letter, W2 for two years and
Paychecks for one month


puzzling! why they heck W2 submission?
sreec, if you have your detail info please
explain you rfe.
 
My guess

is that they are asking for W2 becuase the labor would have been filed using RIR.

The RIR option is used in cases where the temporary employee (the petitioner) is already working in the position for which an immigrant petition for an alien worker (I-140) is being applied for by the employer.

Thus my guess on the potential reasons for requesting W2 and paystubs (during I-485 RFE) are :
1. The LC was filed as RIR and
2. The INS/BCIS would have missed to RFE this petitioner during the I-140 stage to seek a proof that the petitioner is being employed in that position.
3. INS/BCIS reviews all documentation all the way from LC through 140 to 485 once again before finally approving the 485.

I may be a 100% wrong on all of the above ... any thoughts?

Thanks
 
I dont think

RIR has anything to do with the paystub request.

If you check VSC's RFEs , almost all of them ask for at least previous two years W2s and 3-6mnths paystubs.

Also while doing Labor certification, you have a choice to go RIR or the other way(the long way through the labor dept). There's no rule that states that the petitioner has to be working with the company for it to process RIR

http://www.umich.edu/~icenter/admin/RIR.html

your reasons #2 and #3 may be true. I could not find any rules that either support or refute those deductions
 
w2 and tax for 1 or 2 years and

pay stubs for a month! w1 and tax info may make sense (forcefully) but stubs doesn't tell them anything for future job offer which is I-485 filed for..
any more thoughts....
 
485 is for

a future job offer, but if that was the sole citeria for approving a 485, BCIS would not do a FBI check.

There are a lot of things that are involved before they approve the petition, and one of them would be to see if you have been legally in the US. If your past status was H1, then current paycheck would prove that you still are gainfully employed in the job for which you claim yourself to be a expert, past W2s prove that you have been maintaining a legal H1 status
 
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