RD:DEC-2001:RFE received: Please help

A

arvinnz

Registered Users (C)
Received RFE for w2/tax return/emp. letter. My situation is little complex, please help me with your valuable suggesions...

My I-485 rd is 12/20/2001. From Jan/2002 to March 2002 I did not work. I changed my job to another company on 4/2002 (before 180 days). Then I joined back to my sponsoring company Nov/2002. Since then I am with my sponsoring company. I never informed INS.

RFE issued for 2002 tax/W2
Current EMP. letter.

Q1. W2/tax return 2002 shows -- I worked only 1.5 months with sponsoring company and 7 months with other company. Will it adversely affect my GC process?

Q.2. I can show full year 2003 pay stubs, though INS did not ask for these. Should I give last few months pay stubs with RFE reply to establish that I am really working the sponsoring company?

Q3. Does AC-21 need to be applied in my case?

I would highly appreciate your advice.
Thanks in advance
 
At last your case is moving. Be happy.

I think what is important is working for the GC sponsored
employer after GC is approved so it doesn't matter for whom
you worked before your GC is approved.

Good luck
 
Thanks LC Silence and bangaloreboy.

I am really worried, my attorney told me that it may create problem with my GC process. Per my attorney, I should have informed INS everytime I changed employer.
 
Hi,

My RD is Dec 7th, 2001; RFE has issued to my case on Dec 16th, 2003, but i have not received it yet. Will RFE paper go to lawyer only or I should also receive it.

Thanks.
 
I don't know whether this would help but...

wait for another month to file RFE and by this time you would have your 2003 tax returns also. So send them the 2003 tax returns also along with 2002 tax returns.

my 2cents...
 
ASimpledesi,
RFE will go to your attorney. It took 7 days from the date of issue for my case.
 
Please post ur details.

Did u use EAD to work for the other company?
What was the salary u got vs the amount as per LC?
 
omGV,
Yes, I used my EAD to work with another company. My current salary is less (not sure how much) than labor. I don't know which salary ( mentioned in labor as prev. salary or existing salary or salary after GC) is compared with current salary. Please let me know if anyone knows.
Thanks.
 
Originally posted by arvinnz
omGV,
Yes, I used my EAD to work with another company. My current salary is less (not sure how much) than labor. I don't know which salary ( mentioned in labor as prev. salary or existing salary or salary after GC) is compared with current salary. Please let me know if anyone knows.
Thanks.
Click to expand...

My 2 cents:

There have been cases with people having only 40% of salary specified in labor.
As u were in EAD u can work for any employer. So I think having 2 W2 should be ok. Sponsoring employer is for future GC, so for 2002 u used the EAD and worked for 2 employers, one of which happens to be to ur sponsoring employer. On that basis, having 2 W2's should be ok.
Normally better not to submit anything other than what is asked for.
Also u would be submitting employment letter from sponsoring employer which states that u would be given continued employment at some salary, which should satisfy ur continued e3mployment reqt.
 
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RFE details

Just find out from your lawyer what does the RFE says. I also got a similiar RFE. It says last 2 year tax return and employement letter. If it's last 2 year tax return, just wait for next month and provide 2003 and 2002 tax return.
Byju
Rd Nov 5 2001
RFE Dec 5 2003 (last 2Yr tax returns and Emplotyement letter)
RFE sent to INS Dec 10 2003
RFE rcvd Dec 15 2003
AD waiting ??????????
 
Need more expert opinion- please help

byju,
Thanks for your opinion. In my case they only asked for last one year tax return/w2s and current employment letter.
 
Re: Need more expert opinion- please help

Originally posted by arvinnz
Thanks for your opinion. In my case they only asked for last one year tax return/w2s and current employment letter.
Click to expand...

What's the problem here?

Give them what they want - all they want to know is if you have a future job offer (and you do) and who you worked for last year. If all of your employment was legal (ie. your EAD was in hand) then you are good and have nothing to worry about.

Heaven only knows why the attorney is laboring under the misconception that USCIS needs to be informed each time you switch jobs on EAD. There are only two reasons why you'd inform USCIS on a job switch - a) you need an H-1B to work and apply for a new one, and b) you are switching your intent via AC21. This didn't happen in either case.

Most attorneys know little more than the address where they want you to send your check.
 
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