I-485/AOS Denial???

GCAspirant0104

Registered Users (C)
Hi Guys :

Just wondering, do you know anyone whose application for AOS/485 has been denied just because they had low salary
on W-2???

More specifically -
I have changed job recently on AC-21.
Notified BCIS about my job change.
My I-485 still pending(RD Dec. 2001)
Had my 2nd FP done in Oct, 2003 and applied for 3rd EAD on Oct, 2003.

I suspect, I might get an RFE in coming months and generally
that could be Employment Verification Letter, 2-3 years W-2s
and 2-3 years TAX filing documents.....

I was on bench for several months during year 2002 & 2003
(reasons being bad economy and ex-employer was not able to place me on a project) and thus have low salary on my W-2s (lower than prevailing wage or specified in my LC)

Do you think this might be a problem in future when I get an RFE for W-2s???

Is anyone come across this situation or heard about similar case?


Thanks!
 
The W-2 amounts do not matter very much. Some companies have a specified bench policy- that helps. But low amounts do raise eyebrows and may result in RFEs. But if you have a suitable job with an employer that has ability to pay at RFE/adjucation time you should be OK.
Rest all is speculation and worrying- anything may happen- includinng you may get approved without RFE or interview.
So don't worry be happy.
HTH
 
Thanks Tiger for your response! It was helpful.

But, I am sure there might be many in the similar situation ,
becase there were many lay offs and people on benh in past years because of the bad economy....
 
Why W-2s?

I still wonder as to why USCIS ask for last 2-3 years W-2s for RFE, as I-485/AOS is an application for the future job???
 
Re: Why W-2s?

Originally posted by GCAspirant0104
I still wonder as to why USCIS ask for last 2-3 years W-2s for RFE, as I-485/AOS is an application for the future job???

For future employment, they shouldn't ask anything other than EVL. But INS is always contradictory. What can we do.

Anyway, even recently arvinz has got approved. His Salary was 20% less than LC, even as per Employment letter he submitted for RFE. So, I think having a lower salary shouldn't be an issue. Main issue is the legality of ur presence here.
 
Another thing they try to see- if you worked illegally- not that it becomes apparent from W-2.
HTH
 
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