I got RFE, Please help me.

V

vadisa5

New Member
Dear friends,
15 months ago I applied for my I-485 from my employer at vermont center. Two months back I joined in a big company with same job description, same salary and with EAD. I did not inform my first employer regarding my new employment. So my employer thinking that I am on bench. Some how I am managing to get my pay stubs for small amount from my first employer. I am also getting my pay stubs from current employer for the amount higher than the first employer.

Now I got RFE. In RFE they are asking my last two years w2 forms, employment letter, pay stubs.

I am not thinking to work with old employer in future. Old employer and new employer both can give employment letter to me.


Here my question is whether I have to tell INS that I am still with old employer or I have to tell that I am working with new employer.

waiting for your kind suggestions,

Varma.
:( :(
 
Just my opinion...

Send paystubs and W-2s from both companies. (You can work several jobs with EAD card, so there is no issue here)

Because you don't intend to work much longer with sponsoring firm I would use the employment letter only from the new company and explain to INS that your are using the AC21 rule.

Again, just my humble opinion. Good luck!
 
Just my 2 cents...
Send the payslips of just one...technically, one can work in two places but at the same time, it does not look logical that one can work two full time jobs ..INS is interested in your 9-5 job. And if you want you can send employment letters from both employers....but again I advise just decide on one employment and send that info....

thanks,
rajum
 
Send
- W2's from both employers
- paystubs and letter from the one you intend to work with.

you should be fine.

BTW, if that is bench pay you are getting from the first, its wrong as you are not on bench, you should resolve this with the first one and tell em that you found something. this can lead you into trouble. if its pay for some work you are doing for them then please disregard.
 
Make sure you mention AC21

Hi,


Get the employment letter from the big company you are working for.

In the employment letter make sure the job description is the same as you have mentioned in the Labor Certication.

Also make sure your employer mentions that you are employed by them under AC21 law, clearly state the law.

This is just my opinion better if you consult an attorney if there is one for your company.

Good Luck.

swamy00
 
Send both

I think you need to send both. If not, the officer can still tell that you are working for two companies from looking at your tax return. Your W-2s will not add up to your income on your tax return. I am not sure if they asked for your tax returns or not. If not, you can probably send one company's information. Good luck!
 
Is letter of portability is needed?

Dear friends,
Thanks for your replies.
My lawyer also told that it is better to go with new employer's letter and pay stubs. In case of W2 I have only old employers things only, because I joined in new company just two months back only.
My attorney told that it is optional to put letter of portability. It seems in this letter attorney will mention that both jobs are of same type... like that. But for that letter he is asking $500 as his fees. Is it good to put this letter?
Actually my salary per year at this new company is $2000 less than the income, which I mentioned in my labor application. Is it matters?

In this new company I am working with my EAD.
Where I have to mention that I am working under act AC21.

In my RFE INS asked me to submit 2001 tax return papers with w2 form and w2 form of year 2002.
In 2001 my income is almost same as I mentioned in labor application. But in 2002 my salary was very less than this labor application amount. It is like 40% of labor application amount, because I was on bench for long time on 2002. But I managed to get pay stubs for minimum amount for the purpose of my green card. I mean I have all pay stubs in 2002 but total w2 amount is 40%less. is it gives some problem.

Thanks again

Varma.
:confused:
 
Hi Varma,
If your old employer is thinking that you are working for him and if you have latest paystubs with atleast $3000/month gross income,
then you better send your info with old employer. If the salary in the latest pay stubs is very low, then better go with New employer. As regards the $500 that your lawyer is asking for, go ahead and pay it. Though it is a little bit high, it helps a lot.
BTW, where are you located(which city) ?

Good Luck,
Raju. (userid: dsatish)
 
My opinion

I think you should send w-2s that will add up to the income number in your tax returns. Otherwise, the examiner will be confused and think you cheated on your tax return. Filing tax property is important in the GC process. Can anyone confirm this? Make sure your w-2s, tax return, and your pay stubs all add up. You will be fine. Don't be too worried. Most RFEs ask for only most recent 6 months pay stubs. Therefore, your pay stubs will not affect your 2002 and 2001 tax returns anyway. Good luck!
 
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