Logic behind 485 RFE!!

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mmukkamala

Registered Users (C)
Guys,

I seen some RFE's on 485 asking for pay stubs or W2 etc. Since GC is for future employment, why do they need those?

Just a letter from sponsoring employer that the person is currently working or will start working after GC is approved. In latter situation, they will be no pay stubs. Even in former situation, might not have pay stubs depending on the bench time or leave of absense.

If the person changed employer, he invoks AC21 and in the letter he must mentions the job which is similar and so on. Even in this situation, the person might be working for new employer or will start working after GC is approved... So where will be the question of pay stubs or w2 if the person is on leave of absense or on bench for extended time?

Thoughts please..
 
I think INS just want to make sure one is "working" for some company and in the same field the GC is applied for.
 
That is true, but when you apply GC on employment basis, they can always check if you are really working. That's why they won't ask for paystubs from the same company which sponsers you.
 
mmukkamala said:
GC is for future employment. Nothing to do with your current employment..
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If you are not working for sponsoring company, USCIS transfer case to local office for interview.
 
I agree with all these answers but i do not get basic thing:

Since GC is future employment, a letter from sponsoring employee that we will hire this person as soon as GC is approved or another letter saying that he is working so & so..

So why do they need PAY stubs, w2 in RFE?? EVL make sense..But nothing else here...

So person who is not working at present when he gets RFE is automatically denied? so whats the meaning behind future employment???

Any expert thougths here?
 
Future employment does not mean no current employment. Future employment with the sponser of the greencard. Also the labor says he has all the qualifications and experience for the position needs. One enters into work visa, is expected to work and earn money. To validate this, they need all this paperwork.
 
What happens after the RFE for Paystubs etc

What happens after the RFE for Paystubs, W2, EVL etc etc.


Does the persons get approved? OR do they verify just like that .. OR is this just a check.... to confirm some stupid thing...!!

One of friend applied for EAD renewal and got a RFE like this.

TIA
 
jaiganesh said:
Future employment does not mean no current employment. Future employment with the sponser of the greencard. Also the labor says he has all the qualifications and experience for the position needs. One enters into work visa, is expected to work and earn money. To validate this, they need all this paperwork.
Click to expand...

I agree that future employment doesn't mean no current employment. Lets say, A person can be working on H1B with one employer and the same person is getting his GC processed by some other employer as future employee.

So the H1B employer has no knowledge or doesn't even bother. So an RFE on 485 reg'd pay stub doesn't make any sense since those belongs to H1B employer. Ofcourse, INS can always verify whether the guy is staying legally or not..

Btw, also a person dont need to be working. He can be on H4 visa and still can get his GC processed.

My point is: Pay stubs or any other details wont make any sense during 485 RFE other than EVL..

Any other expert thoughts that counter my point?
 
I agree with mmukkamala, that W2 and paystubs are not required, or should not be required in case you are not working for the sponsoring employer. But if you are working for the same employer who sponsored the GC, you may be required to show proof that you are doing what you say, i.e. working for the sponsor. Remeber an employer letter can be 'faked', but a W2 or paystub is much harder to fake, So it is a better proof of showing that the applicant is indeed employed and getting paid.

Yes you are right, technically GC is for future employment, but logically if you are IN the US, and applied for 485, you should be working. Even if you are on H4, you can work using EAD (that would nullify the H4, but thats a different thing ). The whole GC process is based on intent to be 'employed'. If the applicant shows no intent of working during the adjustemnt process, what is the proof he will work after he/she gets the GC ? The best bet to determine this is by asking for paystubs or W2 (which are more authenticate proof of employment then a mere offer/employment letter). This may not be written in the law, but sometime USCIS says, OK lets use commensense !!
 
sertra2002 said:
I agree with mmukkamala, that W2 and paystubs are not required, or should not be required in case you are not working for the sponsoring employer. But if you are working for the same employer who sponsored the GC, you may be required to show proof that you are doing what you say, i.e. working for the sponsor. Remeber an employer letter can be 'faked', but a W2 or paystub is much harder to fake, So it is a better proof of showing that the applicant is indeed employed and getting paid.

Yes you are right, technically GC is for future employment, but logically if you are IN the US, and applied for 485, you should be working. Even if you are on H4, you can work using EAD (that would nullify the H4, but thats a different thing ). The whole GC process is based on intent to be 'employed'. If the applicant shows no intent of working during the adjustemnt process, what is the proof he will work after he/she gets the GC ? The best bet to determine this is by asking for paystubs or W2 (which are more authenticate proof of employment then a mere offer/employment letter). This may not be written in the law, but sometime USCIS says, OK lets use commensense !!
Click to expand...

Sertra,

You make a good point. In most of the cases, EVL is what INS request unless the person already informed of AC21 proactively in which case the chances of W2 & Pay stubs requirement are more. Of course this is in most of the cases.

Btw, Can the EVL be in the format that the person will join as soon as GC is approved with salary etc? if he is not currently working with GC sponsor and dont want to use AC21?
 
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