Response to RFE

U

uknown485

Registered Users (C)
Hello Gurus,
   I need your help. I am writing in this board after a long time. I received an RFE(just one letter for both me and my wife). My attorney has responded to that letter. But when I called INS today I came to know that they have an entry against my name that they received a response to RFE for me but there is no such entry against my wife\'s name. I requested that the INS customer service person that we have responded for both me and my wife in the same package which makes sense also since we received one RFE for both me and my wife(they didn\'t send separate RFEs). After listening to me the customer service person at INS said that she is going to send an e-mail to the INS officer stating exactly whatever I told her. I am worried about this becuase RFE was sent to us on 29th of April. Our response was received on 1st of June, and the case is still in the holding area. Also we only have 90 days from the day the RFE was sent to us. If before that they don\'t receive a response for my wife\'s RFE they will reject the case, but they don\'t realize that we have sent for her RFE also in the same package. Please help me what should I do in such a case. Please respond as soon as possible. thank you. Your help is greatly appreciated
 
Send another RFE respond letter for your wife.

At this point, you may send another RFE respond letter for your wife: including your wife\'s receipt # -- this way it will be safe you and your wife all respond the RFE.

I think this is INS\'s stupid mistake (they called it "human error"), since your wife\'s document is separated from yours and she has her own receipt #. For your wife\'s sake, you can send a separated respond for your wife, which will make your wife\'s case safe, in case INS does not correct the error before 90 days, then some stupid IO may deny your wife\'s case.

By the way, why INS send RFE to you both? What are requested?

Good luck.
 
No Title

ok I was talking to my attorney and he said he is immediately sending another response to the RFE stating that INS should update their system regarding my wife\'s response to the RFE. We are not sending entire response again, just one letter clearing out the misunderstanding and confusion. Do you think this would be ok and enough? Actually they have send RFE for me and my wife becuase they wanted my tax returns and for my wife they said that if you can\'t prove that her work in United states for some specific six months was not legal than you should send $1000/- along with I 485A according I-245i law. So, we did send the response for me and my wife in the same package as there was only one RFE for both me and my wife. Do you think we are safe this way?? I mean becuase when the officer opens my file again - he would read the RFE letter again which would clearly say that the RFE is for both me and my wife and then when he starts looking at the response that would make clear that the response is not only for me but also for my wife. My only worry is that this all should happen before 90days as they have not updated their system for my wife and if 90days passes they would not even care and reject my wife\'s case outrightly, though it is their mistake
 
You are safe, but your wife ...

I guess you have sent $1000 for your wife\'s RFE ... if yes, you should (and INS should) find out whereabout of the check, if it\'s cashed, they should update your wife\'s record; if it\'s not cashed, then, you should either let them use the old one you sent, or if they can\'t find it (your two docs are separated), you may send another check for safe before 90 days, then let them return the old check once new check is issued.

If your lawyer sent the letter already, just wait a week then call and check with INS.

By the way, how INS suspect your worked illegally? What\'s the story?
 
to iainjarvis

I don\'t appreciate your comments. I have asked for help, if you can then that\'s fine otherwise it is not necessary for you to write comments to my posting, and mainly when you don\'t know what the actual situation is.
For you kind information, my wife\'s employer said that he has processed her visa and she should start working. That\'s how she started working. Our mistake was to trust him. He was an Indian employer. Later we came to know that he didn\'t even apply for her visa until 6months after she started working. So, if you are not knowledgeable enough to help, you need not write any comments. Idon\'t need advice from people like you. I would appreciate it if you could mind your own business..
 
I knew a friend who worked two jobs concurrently with one H1-B several years ago.

She didn\'t know the law at that time, and when fill out 1040 form, she consulted me that if she should pay the tax for her second job. I told her that "you should, because the law says everyone should pay tax, and you can\'t hide it (because employer files w-2 to IRS), or IRS will catch you. You know the consequnce ... " Then she paid the tax. By doing this, to the wrost, when she apply I-485, INS may find her worked illegally, then she can just pay $1000 fine and she will be OK,and it\'s much better than being catched by IRS without paying tax, then INS will eventually know it -- it will be double wrong! Then her green card situation will be in danger ...
 
kind of dumb

and to trusting i would say
do you need to wait 6 months to know that there was no h1 applied?
Further how could you start working just because h1 was applied? (was it just stupidity or simple greed?) If i remember right you need to have an h1 before you start working; just applying doesnot entitle you to work.
Anyway this is an open forum and free country mr no name and i am entitled to have my say.
 
iainjarvis

I guess I have never such big moron like you. Inspite of the fact that I told you that your comments are not required, you are still posting your message. I know this is a free country, but as I said I don\'t need your comments. I guess you must really be dumb and mentally retarded kid. Atleast I think you are a shameless creature. You don\'t have any identity. I really feel pity for your bird brain. I have told you that it is none of your business, but still you are being an a$$ hole. Well who cares, you must have heard "barking dogs seldom bite". You can still continue writing anything you want. It is not going to effect me. I have come here to get advice from some good and knowledgeable people and not from some stupid , morons like you, who don\'t know how to mind their own business.... It seems you are one frustrated created who doesn\'t have anything important to do rather than writing his stupid comments on this board.... There is no point in responding to you any further
 
FujiS

Yes FujiS,
   We did pay tax and everything. My wife even got the salary slip for that time and then my attorney suggested that to be on the safe side we should pay $1000/- and also submit the salary slips which she got at that time. But this is not the issue. The issue is how should I make sure that response to RFE is considered for both me and my wife and not just me.
Thanks
 
uknown485, pl read my message 1.1.1

I think you still have about 6 weeks for it. So just wait 1 more week to see if your lawyer\'s letter works or not. If not, respond your wife\'s REF with $1000 again, also the explaination of the previous responds. Then you and your wife are both safe. Later on let INS return the previous check.
 
morons etc

Do you look into the mirror everyday? If you do, then there is a big moron for you in the mirror-staring back at you everyday.
And now about your thinking- that is matter of debate: because if you did think then this wouldn’t have happened. Brain size is revealed by ones actions and yours did show that it is pea sized.
Further your writing shows inconsistency and lack of logic or coherence. Your tone and tenor of replies has shown that it has hit a raw nerve otherwise you wouldn’t be so abusive to say the least.
I strongly feel this mess is your own creation and now you are looking for people to blame. Further the mail clearly reveals your attitude-like stating that your wife’s employer was an Indian (as if his being Indian is synonymous with his being corrupt or stupid etc) your not knowing before your wife took the job is BS or reveals your brain size. (Pea)
So why don’t you visit a physiatrist and make a clean start dofus?
 
uknown485, I am interested to know how TSC got to know your wife had worked illegally?

Here is my thinking:

1. You indicated that in the Biographic Form. If this is true, why did not your lawyer file the related form and pay the $1000 fine in the first place? In my memory, 245i law was already there when you filed your AOS.

2. You did not mention that anywhere. TSC found from IRS that your wife paid tax in that period. I guess although it is no good lying to TSC, your wife\'s case should be covered by 245i and TSC should not deny the case based on lying.

For your situation, I think FuijiS is right.
 
Gking,

INS may find it out from their tax return forms wihch are attached with 485.
Coz his w-2 income may not match 1040 form, or he submited his wife\'s w-2 without her H1.

-- That\'s my guessing. I wondering why uknow485 doesn\'t answer your question. I remember that we asked him long ago. we still ain\'t very clear about his RFE case.
 
unknown-how did they know she was working illegal

like gking and jarvis I have the same doubt why did your wife work illegal?
How could you work without an H1b?
 
fujis,mandrake

the guy will not answer that; because there is more to it than what he has stated here.
The fact remains she worked illegal for 6 months and his not knowing about h1b etc is bunch of crap.
 
Guys, uknown485 has said how his wife worked illegally. We need not to know the full details on tha

It is very important for us to know how TSC got to know his wife worked illegally. This information may be beneficial for our friends. Anyway, I hope uknown485 can give a hint on this. I tend to agree with FujiS, but I also think it is very difficult for his wife to lie on the Biographic Form.
 
To Gking

Hi Gking1,
  It was just that we clearly mentioned while filling up 485 form that she was working from X month to Y month as she was getting the salary slips and also since we have filed tax returns for her. So, that\'s how they considered her work to be illegal. But again that has all been taken care of now and in this discussion we are not at all discussing the issue which I have requested. The issue is how should I make sure that the response to RFE is considered against both of us and not just against my name(we have received just one RFE for both of us).
 
Gking, and everyone else who is interested in knowing

Ok I will clearly tell you everything for one last time. And please after this let\'s concentrate on my problem rather than going back into the history becuase my attorney has already taken care of that. Ok, it is like this:
  My wife worked for 6 months for an employer who said that he has got her H1 taken care of and we were new at that time to US. We heard somewhere that as long as she was getting her salary slips, her work would be legal and fair. We didn\'t know much about this H-1 stuff at that time. Later on when he didn\'t give us her H-1 for six months then we started thinking that there is something wrong and then we pressurized him to send her H-1visa. At that time he came clear that he hasn\'t even applied for it(I have no idea in that case how he was giving her salary slips). While filing I-485( it was applied by my company), we mentioned clearly that she was working during that duration also and that we have filed income tax returns for that. So, I am guessing since we told the truth, INS realized from maybe I-94 or approval that her work was illegal(INS is not bothered whose fault was that) for that six months. So, they sent an RFE for my tax returns and hers also. During this time (from the time my 485 was applied) my attorney was changed (by my company), so my attorney suggested instead of going thru all that(whose fault was that), we would be better off if we just submit $1000/- against I245i and so we did that. It is now taken care off but again that is not the problem right now. I guess I have given you complete picture and hope this may help other people. Now if you guys can help me somehow by telling me that how should I make sure that the response to RFE is considered against both me and my wife\'s name. Actually my AVM has already changed and her\'s is not about the response to RFE. Also if you read my first message you will see that I have talked to an INS customer service representative and she said that she would send an e-mail to the officer. But my concerned is that if the officer looks into my case before 90days then probably he will pull my wife\'s file also as there is only one RFE for both of us but if he doesn\'t look into my file before 90days then INS would assume that there was no response to RFE was submitted for my wife and thus may reject my wife\'s case. So, how should I make sure that it is considered against both of us and not just me... Please help me with this..
 
To mandrake

It happens sometimes. Some of the employers are able to do such a thing and I don\'t know how.... I now know couple of cases where employees have to suffer becuase of their employers and this happens more with consulting companies..
 
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