Question on RFE.. Need Help

G

GeeCee Saga

Registered Users (C)
Hi Guyz.
Just got the details of my RFE. INS has asked me for the last 6 months pay stubs and my last 2 years tax returns. In all my time here i have never seen anyone being asked for last 6 months paystubs that has me feeling a little nervous.

Second thing is in my last 6 months when I changed employers for the second time I have a 2 week period where I was not earning so that shows in my paystubs also. I am employed at present with the company that origanlly filed my 485 with favorable terms of employment but when I'd changed jobs previously it was before the mandatory 180 days period.

I believe part of the reason is my lawyer screwed up. I am thinking of going to another lawyer and showing him all the papers I am filing in response ot the RFE just for peace of mind.
Tell me guyz do I have anything to be worried about, as i am not sure anymore..
 
GeeCeeSaga,

It's purely my gut feel..................


I think u should be fine so long as u have 6 months paystubs and 2 yrs. tax returns as requested. A gap of 2 weeks shouldn't count too much. I think INS is not going to do too much nitpicking. They'll feel happy to see what they asked for.

2ndly, as u know GC is for future employment and since u r employed, u r going to be OK.

I'd say, just send ur lawyer what u have and don't highlight the "two week gap thing" too much even for the lawyer.
 
Originally posted by dengdeng
Does anyone know if Tax return is necessary for 485 approval?
Click to expand...

It's not necessary - many people never get asked for it. The INS typically RFEs you for tax returns to determine if you ever violated your status by not getting paid or accepting work on the side.
 
my RFE

I Gotta RFE on Sept 17th saying

Last months Pay Stub
Employment Letter Stating Date of Hire, Salary, Job Descriptions
and Tax returns for 2001

What I feel is generally they ask for 3 years tax return and paystubs at the interview too. Also a job letter.

But if the person has maintained status during his/her stay in United States and has no other encumbrances during that period they go away without interviews supplementing with RFE's with similar document.

I have already submitted for my last 2 years tax returns and 2 current pay stub with a job offer letter during the AOS. Therefore they asked for the current pay stubs , Employment Verification and the last year W2.

Another very important thing is the Prevailing wage of the LC. If the Prevailing Wage states $ 70,000 and currently you are earning $ 45,000 I guess that can be a problem. But again considering GC is for a future job. If the employer mentions that currently the person is making $ 45,000 and will be paid $ 70,000 upon approval of the GC-- that should be ok. Another thing is also a factor the W2 salary does not need to be the annual contracted salary. W2 determines the real earning of a person in that fiscal year. Which can be more or less due to several circumstances. But they still want to check if your real earning has been less than the statutory salary for falling into the public charge category.

This is what I have analyzed with throughly watching Immigrations way of working. Please correct me If I am wrong in any estimations and studies of immigratin in the United States.

Good Luck for all distressed waiters. We will all get a decision soon. Denial or Approval LETS PLAY. I guess we do not have any choice at this time.
 
I was also asked for employment letter with current terms of hire. My salary is not a problem it is higher than LC and I think higher than the previaling rate also.
It's just that it looks like they are examining my case under a microscope which they are paid to do ofcoarse but I do have holes the 2 weeks gap and the 180 day thingy. I just hope they don't create a big deal out of these two things.
I am framing my employment letter for my HR to review and sign. Is it better to say that my terms of employment are pending the GC or not say anything at all with regards to GC?
Thanx Dma_va your reply does make me feel a lot better.

A.
 
I thought tax returns for previous 3 years and paystubs for previous 6 months were always requested for 485 processing.

These things were in the list of documents that my lawyer requested along with my 485 application (along with letter from my bank with details of my account etc). Now I guess they just have them and hold onto them in the even that an RFE is generated.
 
My lawyer also asked me for the same when the papers were filed but the fact is they ask these now is to see that one year since you have been employed and not been laid off. And well the tax return is for the same reason.
 
GeeCee,

I think just frame the Emp. Letter as u'd normally do and don't reflect anything pertaining to GC. I think u r overly worried about 2 weeks gap.

In my sincere opinion, that shoudln't be a problem particularly when ur current salary/employment terms r so good.

U can make the lawyer post to INS what u wish to.
 
Don't worry

GeeCee Saga,

I had similar concerns. My RFE was for an employment letter, last two pay slips, last two years taxes and W2s. When I looked at other RFEs posted here, it seemed that most only wanted the previous year's taxes (although they also sometimes wanted the last three pay slips). This made me fear that INS suspected something odd or wanted to deny me for no apparent reason. I had not changed employers and had no intention of doing so. But the RFE makes you paranoid as you believe someone has found something odd in the file. But I think it is partly just a random check and thus just old fashioned bad luck. The Immigration officer at the University where I teach said about 5% of applications are issued RFEs just to ensure there isn't fraud. I think there are no specific guidelines for what they ask for--it is more just up to the adjudicating officer (and we all do our jobs differently).

I also had an odd pay situation that INS did not know about: I was unable to teach for one semester as my EAD was late in arriving and my H1B expired. As a result, I could only work for half the academic year, so last year, my salary was half the usual. I feared this would cause problems when it came to the RFE, especially as Uinversity Professors in the humanities, like me, earn very little compared to most professionals. Thus what I was paid was not exactly great money.

The good news is that INS processed this quickly, as many of the good people on this forum said they would, and approved the case within 14 days.

So, please don't worry. I think it is all just random bad luck and I hope to see your approval very soon. But still, getting an RFE is completely horrible and leads to such disappointment and paranoia. Don't get too upset and explain your enclosures carefully in a cover letter.

best wishes,

Peeps
 
original W-2 or copy ?

Hey there,
I too got the details of my RFE and they have asked for
2001 Tax and W-2 forms. copy of all my I-797's and employment
letter.

Do we need to send the "original" W-2 form or a copy will do?

please let me know this ASAP guys as I will right away rush to
send it.
 
Paystubs

I never had a personal experience on this ( I am a GC holder now), but my opinion is (in general for INS replies)

a) 'play it cool' .. as if you are a clear case
b) do not advertize your guilt.
c) Do not make any explanations
d) only give them what they want not a thing more
e) let them decide if you were wrong or not
f) You will get an opportunity to defend their negative decision, if any.


You can not change your past .. so stop worrying.

It will be OK .. its my gut feel for you.

Best Wishes.
 
yrathi again your and my case seems similar. Weird. Thank you all for your response with regards to my situation. I hope I get approved soon too.
Never send originals of anything with regards to the filing just for the simple reason that the chances of you getting them back are not just slim but non existant.
Alwayz copies and clear ones for everything.
Even I've been asked for my I-20s but I think that was because they were not clear. As it says so in my RFE clear/legible copies of the said documents.

And oh Peeps congratulations on your approval. I didn't know.

Thanx again guyz.
 
I sent copies of my W2s and that was fine. You can also get a copy from your employer--they will date stamp these and I sent them as well.

I agree about not apologizing or over-explaining. I just sent a cover letter and calmly mentioned a higher salary in 2000 (I taught summer school) and a lower one in 2001 because of the EAD issue. But I kept it to the point.

I also second the comment about only sending them what they want--and putting it in the order listed on the RFE, just to make sure.

take care--we're all rooting for you!

Peeps
 
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