is it possible??????

D

dval_dpal

Registered Users (C)
I140 is approved and applied for 485 ....now got call from lawyer that there is query(REF) regarding my I140. USCIS want my last year W-2 and current paystub. I140 was approved in novmber 2006...its been 9 months now...

Is it possible some one can get REF after approval????????

Thanks ...
 
Ofcourse, "anything" is possible with USCIS. :)

I read a lot of posts that said if an I140 is approved, they do not scrutinize the supporting documents during 485 adjudication. Apparently that is not set in stone.
There could be some IOs who take a cursory look at the 140. If they suspect something was missing, they can check it during 485 process.

Also, if they deem that an approval was given wrongly, they can revoke it at any time. I believe this applies to any kind of application (H1, 140, 485, AP, EAD...).

Is it possible they only want to make sure that you are still working for the same company that applied your 140? I hope your lawyer is not assuming that the RFE is for the 140. Make sure you read the notice and the response.

An RFE for W2 and current paystub is an easy one. Hopefully this means that they are working on your case, and you will get 485 approval soon after you response. Good luck.
 
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dval_dpal said:
I140 is approved and applied for 485 ....now got call from lawyer that there is query(REF) regarding my I140. USCIS want my last year W-2 and current paystub. I140 was approved in novmber 2006...its been 9 months now...

Is it possible some one can get REF after approval????????

Thanks ...
Click to expand...

I think, your case is very close to approval. IO reviews all underlying documents before the approval. He can issue an RFE for more information. I read it in some other thread. Please consult your attorney. - CK
 
dval_dpal, check your online status of I-485 - it may be an RFE....

But sometimes, I have heard news that these USCIS is a bit smarter at issuing RFE's.....instead of issuing an official RFE - they sometimes just call the lawyer's office and ask them to fax the required documents....

From the sound of it - if they asked for paystubs/w2 documents - it might be for I485 petition - I would not assume that it's for I140 petition....

For I485 - they commonly validate if the job offer is genuine...between employee and the employer....hence they usually ask for Employment Verification Job Offer Letter (EVL) and if possible, pay stubs/W2 to corroborate the job offer.....but pay stubs/W2 are optional - since for future employement offers ....they do not apply!

But, yep, I agree, sometimes USCIS is known to review all the underlying petitions, like LABOR/I-140 to validate them before issuing approval for I485....but that's very rare

But, in your case - it sounds more like RFE on I485....
 
Hi

Generally when you file I-485, you may need to submit your all W-2s, it is always better, and current employment Verification letter.

- satish
 
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