how long one has time to respond to RFE

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cassidy

Registered Users (C)
I belong to wac -02-133 and my RD is March '02. I got laid off and my last pay stub would be for Dec 15th.

I anticipate that it might take some time for me to get a job and wanted to be prepared if in case of an RFE.

Assuming I get an RFE in Feb or Mar 2004.
1. What is the time one has to respond to an RFE

My employer has agreed to provide me with paystubs and treat this as leave of absence

2. Is it a must to provide last 3 months' pay stubs. Are there instances where people have got thro by providing just one or two.
3. Would the time be good enough to generate 3 pay stubs.

Big Question
4. Is everyone being issued an RFE these ?? What are the chances that I might "not" get an RFE and slip thro and land on the greener side.
 
RFE will say "reply by" on it. Mine was 90 days.

Ans. to 2 and 3 - reply to the best you can, the less you reply, the weaker your case.

#4. I haven't seen CSC give an approval without RFE, anyone wanna correct me?
 
is it always 90 days by default ? assuming i get 60 days to respond and i only have the time to generate 2 months' paystubs, would that be a problem ? my company says that they can issue a letter saying i was on leave of absence ....
 
"leave of absence" thing probably won't cut it, unless you can also show what exactly you were doing during those two months (out of country ... , some medical reason...).

Someone I know got his approval last week without RFE from CSC. So, don't kill yourself now.
 
usually you will have 90 days to respond to RFE.

GC is for prospective employment, not current. So it is okay to not have pay stubs as long as your employer gives you a EVL which states that you will be receiving LC salary upon approval of GC!
 
Theoritically, yes. Only a letter should suffice. But, in practice, INS doesn't like it. Reason goes back to "intent" requirement at the part of employer/employee. INS can argue that if you are not willing to take him on payroll today on EAD, how do I trust you that you will hire the guy when GC is approved for instance tomorrow.
 
Actually, therotically a person doesn't even have to be in the US to file for EB GC. All that is required is a reputed employer, EVL and a good lawyer.

I still stand by my statement of prospective employment, offcourse a good lawyer will be needed in case of issues. But if the company giving the EVL is reputed. I don't see any cause for denial!
 
>>>>>>>>
You mean the H1 or the Labor? H1 do not need much payroll, but Labor certificate do need 72k.
>>>>>>>>>>


didn't understand it. In H1 too employer has to certify that it will give a certain amount of salary. This salary, however, is different from what employer states in GC labor certification.
Not paying that salary affects both employer and employee. Emplyee is considered out-of-status if she/he does not get that salary . Don't know if this might hurt 485. My guess, if it happened in the past (like last year), it could be OK. But, if it is still ongoing, INS might say that the employer does not seems to have intent to pay LC salary even after 485 is approved.

By the way, employee can file a claim with labor department to recover back wages if the employer failed to pay minimum salary as claimed in H1 LCA. One of my relative just got 20K. It took around 6-7 months for the whole process to complete and he had to move back to India in the mean time. Labor department sent the check to his India address. The process is easy, just send an email or fax and they will contact you for more paper works to show that you were working full time but not being paid in full.
 
Re: How come nobody replied???

Originally posted by Sri4GC
Nobody wants to reply to my post??? :confused:
Click to expand...

Sri4GC,

Your post should have been in its own thread instead of tagged along on someone elses thread. People occasionaly skip threads that they have already read or seen. So unless you have something specific to post on what the OP (Original poster) posted, then you are OT (Out of thread), and have to take your answers as you get them, from kind souls like goodsaint or haiwang112803.
 
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