I 485 tricky RFE and am I in trouble?

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kvgpl

Registered Users (C)
Friends

I need urgent advice plz.

Mine is a tricky case. I work for Company A and another Company B filed my Green Card. I still work for Company A.

My Labour was filed on August 31st, 2005 and approved on September 29, 2005.

Worked overnite and filed I 140, I 485 Concurrently on September 30, 2005.

Got EAD, Advance Parole in December, 2005 and Febraury 2006 respectively.

Got Finger Print Notice in December 2005 and done.

Got I 140 RFE for Ability to pay in March 2006, replied in May 2006 and I 140 approved on 23rd June 2006.

I was very happy, as all the time I was thinking trouble is with I 140 and I 485 USCIS will only be looking at stuff like illegal presence etc. Also I thought my I 485 file will be picked for evaluation only once my dates become current and that would be atleast 2 more years!!

But to my surprise I got I 485 RFE on July 10th, 2006.

The RFE is to send Medicals(I had no time to file medicals during my concurrent filing), submit secondary evidence for my birth certificate as birth is registered after 30 years of birth, LAST 2 W2s(from Company A), LAST 2 PAYSTUBS(from Company A), EMPLOYMENT LETTER FROM COMPANY THAT FILED MY GREEN CARD(Company B), EMPLOYMENT LETTER WITH SALARY DETAILS FROM MY PRESENT EMPLOYER(Company A).

Company B filed my GC in EB2 saying will pay $88,000.
As economy was down I had to accept low pay in 2002 when I joined Company A and I only make $55,000 as of today.

So my 2005 W2 shows only $55,000.
In 2004 I had to go on Sabbatical for 4 months and loss of pay due to abroad visit for 1 more month which bought down my W2 income to $25,000.

So in Nut shell my 2004 W2 - $25,000, 2005 W2 - $55,000 and my latest 2 pay stubs show $4500/- each. This is all Company A stuff.

Once I reply to RFE...

Will there be a question as to why 2004 W2 income so low?

Will there be a question as to how come I will be paid $88,000 by Company B, when I am only getting $55,000 in Company A?

Will they finalize my I 485 once I supply with all the asked documents or will they wait till dates become current?

Do you suggest me extending my H1B based on approved I 140 in case I 485 is rejected on above grounds?
 
Friends

Can any one throw some light on my concerns. To put it in short my concern is...

Will USCIS reject my I 485 based on low W2 income in a pirticular year(this W2 is from another employer, not the GC sponsoring Employer).

Plz let me know as I am really concerned and spending sleepless nights!
 
Green card is for future employment so if your future employer provides you with the letter stating the salary as what is said in Labor then there should not be any issue.

But it is always good to join the employer who filed GC after you get EAD to be on safer side.
 
mgk24

Thanks for the reply. Yes, I am planning to join the GC sponsoring employer, but one concern is he said he will pay $88,000 in the Labour petetion and I have to really get big billing to support such a salary. So, I am cautiously proceeding on it.

Let us say, it will be 1.5 years before my dates become current(my Labour filing date is August 31, 2005), all this time I have to maintain $88,000. So I am slightly nervous.
 
kvgpl said:
mgk24

Thanks for the reply. Yes, I am planning to join the GC sponsoring employer, but one concern is he said he will pay $88,000 in the Labour petetion and I have to really get big billing to support such a salary. So, I am cautiously proceeding on it.

Let us say, it will be 1.5 years before my dates become current(my Labour filing date is August 31, 2005), all this time I have to maintain $88,000. So I am slightly nervous.
Click to expand...

I started responding to your post earlier but did not really have any answer to your concerns. 25K on W2 for 2004 is really troubling unless you were on leave or outside the country for significant time. One can take upto 12 weeks leave for family concerns as per federal laws. May be you can cook something up on this. Search for Family Leave or FMLA on the internet.

How to maintain 88k is least of your worrys right now.

Something similar is haunting my mind for a long time. My pay is somewhat low in 2002 but I am banking on the fact that I have 3 more W2s after that.
 
kvgpl said:
Friends
I need urgent advice plz.
So in Nut shell my 2004 W2 - $25,000, 2005 W2 - $55,000 and my latest 2 pay stubs show $4500/- each. This is all Company A stuff.
Once I reply to RFE...
Will there be a question as to why 2004 W2 income so low?
Will there be a question as to how come I will be paid $88,000 by Company B, when I am only getting $55,000 in Company A?
Click to expand...

I applied I140/I485 using pre-approved labor in Sep.2005 with W2s for two years (2003 W2 Amount $14,000 and 2004 W2 Amount $55,200). In the Labor, the salary was $87,000. And, my case was approved in June, 2006 with out any RFE.
Finally, what I woluld like to say is it may not be problem to have less W2 amount or big difference in salary before/after GC.
 
GreenCardVirus

I am sorry, some how the forum is slow and even refreshing a page taking a while.

Coming to my 2004 W2, I was on unpaid vacation for 35 days and the company was not doing well for an additional 3 months. As per H1B rules an employee can go on Sabbatical showing reasons like technical training and company can inform this to INS and continue paying benefits leaving salary.

When company offered that, we had no alternative and accepted than. That was in 2004 W2 income is less.

I have letter from the company regarding Sabbatical. But my concern is what would be USCIS reaction!! Even my 2005 W2 and my pay in 2006 so far is okay compared to 2004 W2.

I really never thought that would become an issue now.

But now, I am really concerned I will get an RFE from USCIS regarding low W2 income when I submit my 2004 and 2005 W2s.

Some people say, once we reply the RFE, the file would be put in shelf and will be processed only when dates become current.

I don't know whether that is correct.
 
rlgl

Congrats on your GC approval and thanks for replying. I have been going thru all these forums to find some link between W2 and I 485 and am not finding any cases where W2 became a hindrance in I 485 stage. But, than I have slight worry that the officer looking at my case may question this.

Any how, thanks for the rely.
 
kvgpl,

You should be fine as long as you are able to provide all the information they have asked for. I used a pre-approved labor in Sep.2005 with W2s for three years. My W2's were no way in correlation to the salary mentioned in the labor. I had no problems. See my signature below. Make sure your future employers letter supports you. That is more important.

poorboy

EB2, VSC (Substituted Labor)
LC PD - Oct 2001
I-140/I-485 filed cuncurrently - Sept 2005
I-140 Approved - Feb 2006
I-485 Approved - 5/23/2006
CO - 5/24/2006
CM - 5/26/2006
CR - 5/31/2006
 
poorboy

Thanks for the reply. Yaa hope everything goes fine. I will update with the developments.

Interestingly I was just going thru Form I 864 which seems to be a form filed with I 485 and this I 864 talks about how much is the income that is considered above poverty line. Surprisingly that income seems to be a basis for I 485 application in some cases(I don't know for what categories this form is considered as basis).

http://www.uscis.gov/graphics/formsfee/forms/files/I-864p.pdf
 
kvgpl said:
Will there be a question as to why 2004 W2 income so low?
----- No

Will there be a question as to how come I will be paid $88,000 by Company B, when I am only getting $55,000 in Company A?
----- Get a letter from company be with a Bonafide Job Offer stating that once you get the GC, you will be paid 88k.

Will they finalize my I 485 once I supply with all the asked documents or will they wait till dates become current?
-----Seems like you will be processed right away .. however just like mother nature, USCIS works in mysterious ways.

Do you suggest me extending my H1B based on approved I 140 in case I 485 is rejected on above grounds?
----- Yes, strongly recommend that.
Click to expand...
 
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