Please, advise, I-140 RFE

H

Hermione Potter

Registered Users (C)
Hi all,

I finally got the RFE, they are requesting "all IRS form W-2, wages and tax statement of the beneficiary that relates to all applicable work experience earned in the US"

I'm a little nervous because I meet the labor cert. salary for 2001, but for 2002 my salary was 10% lower. Right now (2003) my salary is higher than the LC.

Should I be worried? Can they denied it because my salary was slightly lower than labor cert. last year?


Please, advise is needed.

Thanks!!!!
 
Hermione Potter, I think you are ok here. If this is a marginal salary difference it should not matter. All the best!
 
Thanks Lcauser, for your response.

My lawyer seems to think that it is a big deal. We had to take 10% paycuts last year because the company went through a rough time, but we got out and now my salary is higher.

My lawyer says that we need to "explain" to INS why my salary was lower in 2002 than the LC salary. How can I explain this?

Thanks!
 
You could get a letter from you HR stating your salary during that period and they can add few more lines in the letter stating the reason of the pay cut. I think this should suffice.
 
Hi

The RFE says "all IRS W2 forms", I guess that means the original, although I though we could always send copies. I'll have to ask my lawyer.

They definitely do not specify "copies". Does this has any relevance?

Thanks
 
Hermione Potter, You could provide the copies of the W2 forms. If need be request your attorney to certify (Attorney certified) copies to BCIS. You will not get back any originals sent to BCIS. You might need the original W2s in future... you never know.

I submitted the copies of W2s to BCIS last week. BCIS had asked the W2s for my I-140
 
Lcauser,

Thanks, and yes, I think we should not submit any originals unless clearly specified. You are right, I may need the W2 in the future.

You think explaining that there was a paycut because revenue went down is ok?

Thanks
 
my complicated case

I have a big problem. Though I did not receive any RFE so far ( may be it is too early for an RFE), I do not have 1 original W2 (my first one in US). I lost it. I only have a copy of it. However I have remaining 2 W2 forms. My LC was filed 6 months after the first(lost) W2 was issued. So what should I do? Is there any way I can get a duplicate W2 ? I want to be prepared to respond to an RFE. Please help
 
W2 Copy is fine

Novis,

Copy of w2 is fine, I sent everything in copy except employer letter. I sent original one. Good luck
 
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