August RFEs: Please help

P

Peeps

Registered Users (C)
MY RD is 8/17/01, VSC, EB1.

I received an employment-based RFE last week (dated 8/19/02) and have a few questions I wanted to ask.

Is this common? I have been continuously employed since 9/96 with my current employer--I am a University Professor in the humanities, I am female, European and expected that all would be well given my line of work (not one that is contracted in recessions).

Could it be triggered by local changes of address? I rent and move most years to get a better deal.

Do RFEs get rejected? Is this a bad sign? Does anyone know why some applications are flagged or is it just bad, random luck.

Should I get a lawyer? I really cannot afford one, but losing my chance to work here would be a disaster.

I was asked for my last two years Federal tax returns, last two payslips and a detailed letter from my employer. I will have my department chair write this as nobody more senior would know what my duties are. However, I wonder if they want a dean or an HR person to write this as my chair wrote my last letter back in August 2001.

Additional problems are:
1. I could not work last year for one semester because the INS had not issued my EAD in time. My salary was dispersed over more months than usual so I am currently taking home about $600 less per month than usual (my normal salary resumes in October, but I don't want to wait another month).

2. I filed taxes from another state in 2000 as I was on research leave and needed to get the money to support me while I maintained two residences. Will this also cause problems? Indeed, did this cue the RFE? It is very common for university professors to conduct research in another town while on leave--one of the reasons leave itself exists.

3. My EAD expires on 10.22.02. Should I apply for another one? I really cannot afford to do this, but I have no idea how quickly the INS will act.
It states 14-60 days in my letter, but I know that this means little. They have been slow to act on my case anyway, even though it is an EB1.

Please, any help or shared stories will be welcome. I cannot concentrate on my work right now and I need to have a better understanding of what is going on.

Thank you,

Peeps
 
Peeps

It is a good sign for you that your case is moved and in the hands of officer because of this RFE.

Worst case of I-485 denial could be " one's criminal background" or filing AOS before the "priority date(PD)" becoming "current". Here PD is the labor filed date. As you are EB1, you would have started the process from second stage which is I-140, I guess.

If anyone is out of status for 180 days, then INS may ask for a penalty of 1000$ which has not happened in your case. They just want to see whether you are still with the same employer and might not become burden to govt after your GC approval in future. That's why w2s and paystubs.

I don't think you will fall into those two cases. Hence you are safe. No need to worry regd this RFE. Infact, if you could able to provide the documents as mentioned in RFE, you are safe and approved within a month. Just for your information, my two friends working for different companies who submitted documents for their RFEs got approved within a week. They are August 01 filers.

Getting RFE's depends on various factors and sometimes may be considered random. As your RFE is employment based, no need to worry about the address changes. I guess your latest address is with INS. Hence your paystubs reflect your address which is fine.

INS wants to see if you are having w2s and paystubs from the same employer who is offering a position after GC approval.

Less salary doesn't matter as GC is for a future job. Hence employer can mention in the employment letter that employer can offer the salary mentioned in the employment letter immediately after the GC approval (if you are getting a less salary now when compared to the offered one). This sort of sentence will not raise any more queries by INS. So you can go ahead and submit the w2s of those mentioned years immediately along with paystubs & the employment letter.

I think you can get the employment letter from your chair with the detail information regd the job responsibilities. I guess there should not be any problem as long as the employment letter is on University's letter head where you are working. But as I am not a Research guy, I do not know if letter from Chair is fine or one should get it from Dean with the approval of Chair. Hence please enquire. But in my opinion, letter from Chair should be fine as long as it is on the University or dept. letter head, which I guess you submitted while filing I-485)

For your information,
Once AOS(I-485) is filed, then category is of less important. The categories EB1, EB2 and EB3 are based on the qualification and experience before joining the petitioning employer. Based on the these categories and if priority dates (labor filed date) are current, one will get eligibility to file I-485. As, now a days all PDs are current, PD and category also doesn't matter for filing I-485.

Submit the documents ASAP. You will be approved soon. No need to worry. Everything will be alright. Good luck.
 
thank you

Thanks for your kind and comprehensive reply. I have barely slept since I got the RFE and cannot concentrate on my work (bad as I am supposed to be finishing the book I am writing this week...)

Peeps
 
Peeps

Enjoy the weekend and concentrate on your work. Everything will be fine soon. Good luck.

One more suggestion regd EAD.

If you think you can submit RFE documents in the first week of September, I guess your approval may come anytime in the next 30 days.

If you really cannot afford to renew EAD, then I guess the only way is that, between the expiration date of EAD and GC approval date(if not happened before 22nd Oct), make sure that you are not on parole. These kinds of things may be counted in future if applied for citizenship after 3 or 5 years down the line. Hence one should be careful about such things.

If do not want to take chances, better apply for EAD renewal by Sept 15th.
 
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agree

I agree w/ gcFunWaiting.

Everything seems fine. But you do need to act on the RFE quickly. If you reply in the 1st week of Sept, you might get approved in late Sept, then you have time to do stamping before Octo22.

But if I were you, I would apply EAD right now (or at the latest Sept 23). If you can't work, you get no money, but if you spend $120 now, you are safe whether or not there is a delay in 485 approval.
 
Peeps

I guess you are with two details in rupnet

One with the name "Moya" in AugustRd and other by "Peeps" in septemberRd of Rupnet.

Did you file AOS two times from two places. May be that's the reason for RFE. Can you please clarify?
 
That's a rupnet error

I noticed that today--I've had problems with Rupnet--it tends to scramble my data (I didn't put the Moya one in at all, either). It may be because I use a mac. Both are me. The Moya has incorrect data as well.

But, no, I've only applied for everything once. My case is so boringly straightforward--I was on F1 for my Ph.D., then 6 years on H1B--one at my former job, five here. Then one year here on an EAD. I haven't changed jobs, or gone out of status, or anything odd. I didn't even apply for advance parole.

My only problem is that originally I was down for CP. That was a mistake--my employer told me it resulted from an ambiguous question on the 1-140 that the INS has since taken off the form as mistakes were common. I wrote and asked for 485 (which was what my employer and I wanted all along) and that was granted.

I think I am just a victim of a random check. Evidently, the immigration advisor here was told 5% of cases are picked to do a random RFE check for employment.

Thanks for all your interest and help.

Peeps
 
Peeps

Now I know why you got RFE. Thanks for giving the detailed information. My guess in your case is........

You completed 6 years on H1 and did not file for 7th year H1 extension. This made INS to think what is your situation now in the seventh year. That is why RFE issued. You may have EAD to work anywhere but they want to check whether you are in the "same position".

In my case, I finished first three years term on H1 and got the H1 extension papers, at the time of filing AOS. I asked my attorney whether I need to go for this new H1 & H4 stamping and then send I-485 application. He said, in order to make INS know that your are in status, if H1 and H4 extension copies are enclosed, along with all other documents for filing I-485, that will be sufficient. Which looks true in both our cases. My passport itself was expired two months back. But no RFE.

Hence INS care about the status much and in case of any discrepancy, they ask for the documents which is called RFE.

I think this helps to know why you got RFE.

Anyone out there, who do not agree with this? Please post.
 
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Peeps:
There is no need to figure out why RFE was issued. I am a professor withe the same univ. since1998, never changed address, but I still got RFE on July 31, 2001 (my RD 8/9/02) for employment letter, two year federal tax returns and two pay statements. My RFE was received by INS around Aug 7 and the case was approved on Aug 16. I had my passport stamped on Aug 26.
By the way, I had the department chair to write the letter too. I posted the sample of the letter a while ago. if you want, searching my user name may lead you to that message.
So just respond ASAP and you will be approved soon.
good luck.



Originally posted by Peeps
MY RD is 8/17/01, VSC, EB1.

I received an employment-based RFE last week (dated 8/19/02) and have a few questions I wanted to ask.

Is this common? I have been continuously employed since 9/96 with my current employer--I am a University Professor in the humanities, I am female, European and expected that all would be well given my line of work (not one that is contracted in recessions).

Could it be triggered by local changes of address? I rent and move most years to get a better deal.

Do RFEs get rejected? Is this a bad sign? Does anyone know why some applications are flagged or is it just bad, random luck.

Should I get a lawyer? I really cannot afford one, but losing my chance to work here would be a disaster.

I was asked for my last two years Federal tax returns, last two payslips and a detailed letter from my employer. I will have my department chair write this as nobody more senior would know what my duties are. However, I wonder if they want a dean or an HR person to write this as my chair wrote my last letter back in August 2001.

Additional problems are:
1. I could not work last year for one semester because the INS had not issued my EAD in time. My salary was dispersed over more months than usual so I am currently taking home about $600 less per month than usual (my normal salary resumes in October, but I don't want to wait another month).

2. I filed taxes from another state in 2000 as I was on research leave and needed to get the money to support me while I maintained two residences. Will this also cause problems? Indeed, did this cue the RFE? It is very common for university professors to conduct research in another town while on leave--one of the reasons leave itself exists.

3. My EAD expires on 10.22.02. Should I apply for another one? I really cannot afford to do this, but I have no idea how quickly the INS will act.
It states 14-60 days in my letter, but I know that this means little. They have been slow to act on my case anyway, even though it is an EB1.

Please, any help or shared stories will be welcome. I cannot concentrate on my work right now and I need to have a better understanding of what is going on.

Thank you,

Peeps
Click to expand...
 
GCfun Waiting,

Totally agree with you, that is what I want to say but obviously you go ahead of me. Since Peeps' H1 has expired and use EAD now, INS want to check if she/he still works. As far as I know, INS seldom issued RFE for EB1 based I-485. But as long as you still works, don't worry about the RFE. You will hear the good news very soon.

Good Luck
 
Thank you

Thanks so much everyone for the advice.
It does, indeed, make sense. I could be working anywhere with my EAD--at least in theory. This has made me feel a lot better--for the first time in a week, I feel like this might work out. I will keep you posted.

Good luck and thanks again.

Peeps
 
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