Gurus Please help us on this RFE!!

[wasamericandesi]

Kashmir, Goastros, Silly Man:

My bother was in H1 since 98 and went out of project (in bench) for the most part of 2001. Now on his 485 he has an RFE for 3 years W2.

485 RD : 11/2001

2000 W2 is fine (with LC amount), 2001 is very low (in teens) and 2002 is ok.

What should be the course of action responding to RFE?.

Please help!!

Thanks

 

[Silly Man]

Can u mention the exact text of the RFE received?

 

[wasamericandesi]

Exact RFE Text..

Employment Documents: Submit copies of your three most recent pay stubs and copies of your Form W-2 for the last three years. If you are not currently working for the petitioner, explain why.

 

[ItsComing]

I'm not a guru

Originally posted by wasamericandesi
Kashmir, Goastros, Silly Man

May I answer?

 

[wasamericandesi]

Please...

ItsComing:

Please all your comments will help a fellow Adjustee. Please answer.

 

[Sri4GC]

Be bold...he should be O.k...

Check this out...and wait for the valuable suggestions by 'ItsComing'. BTW he posted some interesting comments in the following thread...These guys really rejuvenate the forum time and again.

http://boards.immigration.com/showthread.php?s=&threadid=110048

 

[ItsComing]

I would wait till 2003 W2 and respond with W2 for 2001,2002 or 2003.

Perhaps they may transfer his case or even deny, because he was out of status on H1 (W2 for 2001 less than LC). But your brother have to tell them that he took "voluntary unpaid leave" in 2001.

 

[Sri4GC]

Question to Seniors if not Gurus...

Anyone knows someone who got denied bcoz of out-of-status on H1?

Thanks,
+Sri

 

[give_GC_now]

Re: Exact RFE Text..

Originally posted by wasamericandesi
Employment Documents: Submit copies of your three most recent pay stubs and copies of your Form W-2 for the last three years. If you are not currently working for the petitioner, explain why.

I also got same RFE. The important thing is that he should have job this time. That will be reflected in his payslips. I also had little amount in 2001 W2 but gave all. It was not an issue for my lawyer. Although I have not got approved yet but I'm sure (by seeing previous approved cases) this should not be an issue. Ask your lawyer to draft a nice letter explaing why your bro. is not with sponsoring employer.

All the best.

 

[140_takes_4ever]

Don't sweat it! W2 is no big deal, it can be explained in many ways. Bottom line GC is for prospective employment not current or past. So the lack of money on an OLD w2 shouldn't cast any asperations on your brothers status.

Like ItsComing mentioned, wait for 2003 W2 which should on its way any time now, and reply with 2001, 2002 and 2003.