REASONS FOR RFEs

R

ravan123

Registered Users (C)
I have read many postings on many sites which say RFE received for paystubs, w2, tax, employment letter, company tax etc.

Does this mean that these documents were not submitted with the 485 application ? And that those who submitted these documents will not get RFE at least for these documents?

There are not enough info on the posts re: this. The posts mostly say what RFE was received but not if those evidence were provided at the time of filing the 485. For example, if the RFE was for W2s, were W2s submitted along with the 485 application?

If INS is generating such RFEs regardless of whether these evidences were submitted previously then possibly INS is looking for some sort of continuity. If so, does INS do this uniformly or for selected cases where for example the future employer may not be financially stable.
 
Re..

W2 are not required to be submitted along with I-485 application.
But regardless of what is submitted, they still ask for proof to see if you are still employed, since it takes almost a year from the time you submit your I-485 application, to the point they start processing it.
 
Do EB1 I-485 filers get those kinds of REFs like employer letter, paycheck stubs?
 
telecomguy,

So it looks like INS is looking for continuity.

But do we know for sure that RFEs are generated regardless of what is submitted ? Are there any concrete cases that you know of ? I searched the sites but could not locate a post which will confirm that even though a particular document was submitted with 485 application, an RFE was subsequently generated asking for that specific document.

I am basically looking for data to support the hypothesis that INS is looking for continuity through issuance of RFEs. But if it is due to nonsubmission / [incomplete] of specific documents and / or unstable financial condition of the sponsor, then a class of 485 adjustees, who have submitted all possible relevant documents and their sponsor is financially strong, can reasonably assume that they won't get RFEs due to nonsubmission of specific documents and / or unstable financial condition of the sponsor.

There are tons of cases which get approved without any RFEs - how does that happen ? These are not exceptions but quite large in number. Didn't INS look for continuity in these cases?

Looks like the issue merits further research.

Thanks for your response.
 
ravan123

Even I hv seen almost all RFE cases asking for paystubs/Empl letter and W2 and I strongly assume this is nothing but INS is maintaining quality control in adjucating the cases.
 
sam99,

How do we explain tons of 485 cases getting approved without any RFE ? Quality control applies to all cases OR to selected batches of sample. Are there any criteria for INS to select such batches to generate such RFEs - criteria like the ones I mentioned in my earlier posts ?
 
Is INS doing IRS' work????

Not sure about the Quality Control.....

But INS asked me my last 2 years :
1. Federal Tax Returns
2. All Schedules
3. All W-2s
4. All 1099s (these are interest statements from FIs)

Is INS going to recalculate my tax returns?????

Maybe IRS can use some of INS' help in the upcoming tax season!!!!
 
RD_Sep27,

Did you submit these documents with your I485 application ? An answer to this may be key ...

As for the reason, I can only guess that if the applicant is of the "authorized to work" category - H1 or EAD or ..., the INS is trying to find out if the applicant is maintaining status / abiding by law of the land wrt to taxes. [why only taxes ? I don't know ... public charge issue ?]
 
From my various conversations with friends, lawyers and reading posts, I think for a RFE

They will ask for any missing papers (eg. missing shots etc)
They want to know that you still have a job and most likely will continue to be employed (pay stubs w2's employer letter etc)
- With same roles/responsibilities as when u applied for 485
- With a salary not less than defined in labor certification (i140)

and other things only INS knows
 
I submitted...

...W-2 (last 3 years), pay stubs (last 4), employment letter, etc., while applying for I-485.
 
Edison_NJ, Amitgreen

Edison_NJ,

Did you get any RFE relating to those documents ? I assume 'NO' since your signature does not say so. Please confirm.

Amitgreen,

Then why are there tons of cases approved without any RFE ?

I am trying to recognize a causal pattern ...
 
Causal Pattern

Ravan,
The only pattern is:

~20% : Total RFEs per a month's batch of I-485 Applications

out of these ...

10% : People who forget to attach proper supporting documentation or insufficient documentation are asked for those documents.

10% : Random spot-checks to ensure Quality Assurance. These are normally in the form for Employment RFEs or Local office transfers (Interviews).
 
RFEs are generated randomly(in most cases)

RFEs are generated randomly(in most cases) for Qualty control and there is no pattern as far as I know.

Is there a pattern in a cop catching a speeder? Or does he catch everybody who speeds?:D
 
wherezgc,

Your response makes sense.

Approx 80% of 485 cases get approved without RFEs - makes sense.

There was another estimate that about 15% GC seekers from India visit such sites. Most of them are those who know they have some problems - may be that is why we see so many postings on RFEs.

10% random check also makes sense.

If these are your guesstimates - they are good.

Just curious - did you gather any data or is it your ....

But so far haven't got any data where documents submitted during 485 filing yet got RFE on those documents.

Thanks for your response.
 
Ravan,
The 20% number for total RFEs is based on tracking websites (Rupnet and before that was Immitracker).

The division within that is my guesstimate based on posts that people make about their RFEs or local transfers.

Allthough I must say that recently more people are posting that theirs was an employment based RFE (W2, paystubs etc.). In the past a greater percentage seemed to be about incomplete medicals, marriage cert translations, birth cert translations etc. I don't know if anyone else noticed such a trend.
 
ravan123

The docs INS asked me are not submitted with the I485 application! So the question of missing docs does not arise.
 
my rfes are

1) W2 and FED tax returns for 2001
2) Pay stubs for last 3 months
3) Medical(doctor forgot to add 'Suppl. form..I had to redo my medical)

1) and 2) are very common RFEs.

ravan123, may be u need change ur name to ram123... to be on the safer side :D
 
Though I

attached everything including employment letter, W2, Tax returns, Paystub while filing 485, I got a RFE for E.letter, Paystubs and W2. I got one even in my 140. It is just plain pure (ill)luck playing here.
My 140 got approved within a week after RFE reply. God knows abt 485.
baven: Did ur online message change after RFE reply ? Mine hasn't yet.
 
RD_Sep27 ,

The docs INS asked me are not submitted with the I485 application!
Click to expand...

I know they are not required to be submitted with the 485 application. That is what another thread is discussing with Jim Mills.

But it looks like that now INS is routinely asking for these documents. I know a very large number of people who HAVE submitted these documents with the 485 in order to avoid an RFE.They did tell their attorney that these were not required but the attorney was smarter in each case and prevailed - for the good of the adjustee I am sure. So far, none of these people have got any RFE and many have been approved without RFE/Local Transfer/Interview.

So, as an advice to future applicants - can we reccommend to submit these documents with the 485 ?

But we need to know if INS is asking for resubmission of all or some of these already submitted documents [e.g. employment letter - this looks like INS is asking for resubmission - I am not sure - need data]

Thanks for your input.
 
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