Need Help Here:
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1. "Company A" applied for my H1 in Jan 2000 and I started working for them. I started working for "Company B" as a Contractor being an employee of "Company A". September 2000 "Company A" applied for my Labor Certification for Green Card. The salary was mentioned as $60K after Green Card. They were paying me $42K at that point. November 2000 Labor got approved and in Feb 2001 the "Company A" applied for my I-140.
2. April 2001 "Company B" wanted me to be their permanent employee as they cannot afford contractors. So "Company A" asked me to join "Company B" but agreed to process my Green Card and asked me to join them back after the approval of the Green Card.
3. "Company B" applied for my H1B transfer and got it approved and I joined them in May 2001.
4. October 2001 I-140 applied through "Company A" got approved. "Company A" decided to apply for I-485. November 2001 we applied for I-485 through "Company A" although working for "Company B". The "Company A" had provided a letter to the INS for my I-485 application that I am a Current Employee of them and the salary they are paying is $45K and this position is going to be full time as soon the Green Card is approved.
5. I am still working for "Company B".
6. Got my EAD/AP approved in March 2002 and I am still working with "Company B" on H1B.
7. Got my Finger Prints notices in April 2002 and we have completed them.
8. Applied for EAD/AP renewal in March 2003 and got approvals in August 2003.
9. Got 2nd Finger Printing notices in November 2003 and we completed them.
10. Got 3rd Finger Printing notices in January 2003 and we completed them again.
11. Now I (Primary Beneficiary) got a RFE asking for the following:
Employment Offer: Submit a recent letter from your employer on their original letterhead (not photocopy) showing that they are offering you a permanent, full-time position. The letter must indicate the position, salary/wage, and the specific duties to be performed. Such letter must still be submitted even if the employer is different from the I-140 petitioner (under "AC21").
Tax Documents - BENEFICIARY: Submit COMPLETE copies of your Form(s) 1040 for the 2001, 2003 and 2003 tax year(s), along with all the Schedules and Attachments for each year. Also, provide all of your Forms W-2 for each of the above year(s). If you were unemplyed, or only employed on a part-time basis during any of the period requested above, provide a statement indicating such, along with an explanation as to how you were able to afford your living expenses. Also, submit your three most recent pay stubs. If you are not currently working for the petitioner, explain why.
12. My spouse (Derivative) got a RFE asking for the following:
Employment Offer or Form 1-134: Submit a recent letter from the primary beneficiaries employer on their original letterhead (not photocopy) showing that they are offering the primary beneficiary a permanent, full-time position. The letter must indicate the position, salary/wage, and the specific duties to be performed OR submit Affidavit of Support (Fonn 1-134) from the primary beneficiary for his dependants.
13. We got all the required materials to answer this RFE like
a. Employment Letter from the Current Employer ("Company B") showing that I am working with them and the position becomes full time as soon as the GC is approved. The salary is $50K (Less 10K from "Company A" Labor) and the position and duties are the same.
b. "Company A" is also ready to give a letter saying that the Position is still Open and they are intersted in offering a full time position as soon as the I-485 gets approved.
c. We have Tax Returns for 2001/2002/2003.
d. We have W-2's for 2001 (15K from "Company A", 30K from "Company B"), 2002 ($50K from "Company B"), 2003 ($50K from "Company B").
e. 3 Current Pay Stubs ("Company B").
My Questions:
1. Am I eligible for a GC through "Future Employment" through "Company A". The reason I have a question is because at 485 stage though I was not working for "Company A" they gave me a letter saying that i am employed with them. Submitting a 2001 W-2 from "Company A" and "Company B" will cause any
problem?
2. Should I apply for AC21 through Company B. If I respond to this RFE saying that I am using AC21 will they question me looking at my 2001 W-2 from "Company A" and question me why I got only 15K in 2001.
Please help me.
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1. "Company A" applied for my H1 in Jan 2000 and I started working for them. I started working for "Company B" as a Contractor being an employee of "Company A". September 2000 "Company A" applied for my Labor Certification for Green Card. The salary was mentioned as $60K after Green Card. They were paying me $42K at that point. November 2000 Labor got approved and in Feb 2001 the "Company A" applied for my I-140.
2. April 2001 "Company B" wanted me to be their permanent employee as they cannot afford contractors. So "Company A" asked me to join "Company B" but agreed to process my Green Card and asked me to join them back after the approval of the Green Card.
3. "Company B" applied for my H1B transfer and got it approved and I joined them in May 2001.
4. October 2001 I-140 applied through "Company A" got approved. "Company A" decided to apply for I-485. November 2001 we applied for I-485 through "Company A" although working for "Company B". The "Company A" had provided a letter to the INS for my I-485 application that I am a Current Employee of them and the salary they are paying is $45K and this position is going to be full time as soon the Green Card is approved.
5. I am still working for "Company B".
6. Got my EAD/AP approved in March 2002 and I am still working with "Company B" on H1B.
7. Got my Finger Prints notices in April 2002 and we have completed them.
8. Applied for EAD/AP renewal in March 2003 and got approvals in August 2003.
9. Got 2nd Finger Printing notices in November 2003 and we completed them.
10. Got 3rd Finger Printing notices in January 2003 and we completed them again.
11. Now I (Primary Beneficiary) got a RFE asking for the following:
Employment Offer: Submit a recent letter from your employer on their original letterhead (not photocopy) showing that they are offering you a permanent, full-time position. The letter must indicate the position, salary/wage, and the specific duties to be performed. Such letter must still be submitted even if the employer is different from the I-140 petitioner (under "AC21").
Tax Documents - BENEFICIARY: Submit COMPLETE copies of your Form(s) 1040 for the 2001, 2003 and 2003 tax year(s), along with all the Schedules and Attachments for each year. Also, provide all of your Forms W-2 for each of the above year(s). If you were unemplyed, or only employed on a part-time basis during any of the period requested above, provide a statement indicating such, along with an explanation as to how you were able to afford your living expenses. Also, submit your three most recent pay stubs. If you are not currently working for the petitioner, explain why.
12. My spouse (Derivative) got a RFE asking for the following:
Employment Offer or Form 1-134: Submit a recent letter from the primary beneficiaries employer on their original letterhead (not photocopy) showing that they are offering the primary beneficiary a permanent, full-time position. The letter must indicate the position, salary/wage, and the specific duties to be performed OR submit Affidavit of Support (Fonn 1-134) from the primary beneficiary for his dependants.
13. We got all the required materials to answer this RFE like
a. Employment Letter from the Current Employer ("Company B") showing that I am working with them and the position becomes full time as soon as the GC is approved. The salary is $50K (Less 10K from "Company A" Labor) and the position and duties are the same.
b. "Company A" is also ready to give a letter saying that the Position is still Open and they are intersted in offering a full time position as soon as the I-485 gets approved.
c. We have Tax Returns for 2001/2002/2003.
d. We have W-2's for 2001 (15K from "Company A", 30K from "Company B"), 2002 ($50K from "Company B"), 2003 ($50K from "Company B").
e. 3 Current Pay Stubs ("Company B").
My Questions:
1. Am I eligible for a GC through "Future Employment" through "Company A". The reason I have a question is because at 485 stage though I was not working for "Company A" they gave me a letter saying that i am employed with them. Submitting a 2001 W-2 from "Company A" and "Company B" will cause any
problem?
2. Should I apply for AC21 through Company B. If I respond to this RFE saying that I am using AC21 will they question me looking at my 2001 W-2 from "Company A" and question me why I got only 15K in 2001.
Please help me.
