I-140 RFE fear

gb04

Registered Users (C)
Hello,

I recently filed an EB3 I-140 (labor substition case). I was reading up on some boards about 140 RFEs which has scared me. The ND on the original labor was mid 2002. I have filed W2s and tax returns for 2002 and 2003 which are okay. The labor required 2 yrs experience for which I have filed experience letters from April 2000 to April 2002.

The problem is that if an RFE is issued asking for my W2s and tax returns for 2000 and 2001, the total salary is very very less. How will I be able to reply to this RFE? Any ideas? I am really scared about this now.

All you veterans out there who may have read or encountered this problem, please help me answer this. THANKS!

-gb
 
At max they may ask you last 3 years W2s for 140 so you should be OK there since they will rpcess your case in 2005 and then you can submit 2004, 2003 and 2002 which are good as you said.

For 485 they sometimes ask all the W2s so they can veryfy if you have been out of status at any time so whatever slight chances of problems are there they are in 485 stage.
 
That's reassuring but also scary. If they ask me at 485 stage, then I guess I can never get GC ever.

Anyway, lets just say for arguments sake that they do ask for 2000-2001, as that is the period I am showing my experience for....2 yrs before Labor was filed. Any time tested answer to why are the amounts so low? I know I am being paranoid here but I just want to see if there is any hope at all?

and thanks for replying so quickly!
 
gb04 said:
That's reassuring but also scary. If they ask me at 485 stage, then I guess I can never get GC ever.

Anyway, lets just say for arguments sake that they do ask for 2000-2001, as that is the period I am showing my experience for....2 yrs before Labor was filed. Any time tested answer to why are the amounts so low? I know I am being paranoid here but I just want to see if there is any hope at all?

and thanks for replying so quickly!

I will recommend you read this thread on ability to pay issues.
http://www.immigrationportal.com/showthread.php?t=137088
 
Is there anyway we can show the paystubs if we do not have W2, to prove that we have never been out of status??
 
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