RFE letter contents
RFE Issued Friday February 18, 2005 according online case status.
E-mail for case status change, the first LUD change since the original filing, sent Mon, 21 Feb 2005 09:00:01 -0500 (EST)
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February 22, 2005
Refer to File Number: LIN032165xxxx
BARCODE
My Name
C/O
Lawyer's name
Lawyer's address
Dear Sir or Madam:
RE: Form: I485
Beneficiary:
My Name
REQUEST FOR EVIDENCE
The documentation submitted is not sufficient to warrant favorable consideration of your petition/application.
See Attachment for Details
Your response must be received in this office by May 17, 2005
Your case is being held in this office pending your response. Within this period you may:
1. Submit all of the evidence requested;
2. Submit some or none of the evidence requested and ask for a decision based upon the record; or
3. Withdraw the application or petition. (It is noted that if you request that the application or petition be withdrawn, the filing fee cannot be refunded).
You must submit all of the evidence at one time. Submission of only part of the evidence requested will be considered a request for a decision based upon the record. No extension of the period allowed to submit evidence will be granted. If the evidence submitted does not establish that your case was approvable at the time it was filed, it can be denied.
If you do not respond to this request within the time allowed, your case will be considered abandoned and denied. Evidence received in this office after the due date may not be considered.
PLACE THIS LETTER ON TOP OF YOUR RESPONSE. SUBMISSION OF EVIDENCE WITHOUT THIS LETTER WILL DELAY PROCESSING OF YOUR CASE AND MAY RESULT IN A DENIAL. PLEASE USE THE ENCLOSED ENVELOPE TO MAIL ADDITIONAL EVIDENCE REQUEST BACK TO THIS OFFICE.
Sincerely,
Don Neufeld
Acting Director
NSC
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Attachment
Submit a currently dated letter from your prospective permanent employer describing your present job duties and position in the organization, your proferred position (if different from current one) and the offered salary. The letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa position continue to exist.
If you have changed employers since filing your application for adjustment of status, the letter shall be issued by your current and new prospective permanent employer. This letter must specify the duties of the position, requirments of the position, job title, wage, and the date you actually began employment. This letter should be issued by an appropriate authority within the organization that has the ability to confirm the job offer.
If you have changed employers since filing your application for adjustment of status, please submit a statement including the names of all employers and beginning and ending dates of each employment.
Finally, if you have changed employers, please also see the following regarding "ability to pay."
[IDENT]Submit evidence to establish that your permanent employer has the ability to pay the proffered wage in accordance with Title 8, Code of Federal Regulations Part 204.5(g)(2). Such evidence may include, but is not limited to: a copy of their latest annual report; a copy of their most recently filed U.S. Federal Income Tax Return(s); IRS Forms 941 for the past four quarters; copies of IRS Forms W-2 showing the salary paid to you; copies of cancelled payroll checks (both sides) demonstrating your earnings from the new employer; and copies of audited financial statements covering the new employer's most recent fiscal or calendar year.
Note: If your new employer has 100 workers or more, you may, in lieu of the above, submit an original, signed statement from the Chief Financial Officer of the organization which describes their ongoing ability to pay the offered wage.