RFE comp tax

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Bic_1702

Registered Users (C)
Hi!

I know there was somebody in a previous message with the same problem as mine, but I don't remember when, so sorry for posting a new thread.

My husband received RFE for I-140; among paystubs and an employment letter from a place where he did his internship, they were asking for the company's taxes or a financial audit (I'm not sure about the terminology). The company hasb't done the taxes so far and we have to wait for them. If you were in the same situation, what did you do? They promised they will do the taxes in a month, but I deeply doubt it. They have IRS extension beyond our INS RFE period (somewhere in June) and that's why I fear most. Besides, I see that INS is coming close to my husband's ND so what happens if they start working on cases after his ND and he hasn't sent the docs yet?

Another issue: not that we care too much about AP, but I've seen they are now processing cases received on 03.03.03, which is two months over my husband's ND and one over mine. Shall I worry?

Thanks.
Good Luck.
Bic
primary: I-140/I-485 - RD: 01.21.03; ND: 01.22.03; AP and EAD the same.
deductive AOS: I-485 - RD: 02.05.03, ND: 04.03.03; AP - RD: 02.05.03, ND: 02.07.03; EAD - RD02.05.03, RD 02.05.03, ND 04.03.03
 
Bic_1702,
In the RFE did they specify tax returns or did they list other things that could be submitted in place of tax returns? I am a concurrent filer with VSC and received an RFE last month just requesting proof that the company can pay the prevailing wage on the LC. It listed tax returns, certified statements, pay stubs amongst other things. It then also stated that if the company employed over 100 people then a statement from a financial officer in the company would suffice which is what we replied with. Did your husband's RFE notice have these things in it or did they specify only tax returns? If they specified tax returns then that is what you will have to respond to the RFE with, however if they gave other options then it's best to go with the easiest option.
Did your husband get his EAD? According to my RFE notice and lawyer, once an RFE is issued on I-140 then all other accompanying applications (EAD and AP) are placed on a processing hold until they have received and processed a response to the RFE. Hope that answers your questions.
 
thanks NoVAguy

they asked specifically for either taxes or some sort of an audit. Since the company just spinned off last year, they don't have any audit made so far, so taxes are the only other option available.

As for hold, I was going to write on the general concurrent filling tracker that info. It's the same with us: until the INS receives the requested docs they keep the hold on both EAD and AP.

Bic
 
Ok, well since they didn't give you guys much options you will have to give them what they asked for. Also bare in mind the deadline, so I would suggest that you guys let the company know about the deadline so they can get cracking on those documents. All the best.
 
What if...

...the company is not able or willing to submit the requested documents to the INs by the RFE deadline? Can one get an extension on that?
I hope this is the worst sace scenario.
Thx.
 
same doubt

Hi,
If you get the answer let me know, Iam in same situation, my company is troubling me issuing finantial documents.
 
Well I hate to be the bearer of bad news, but that deadline on the RFE notice is strictly enforced according to my lawyer, that is, if they receive the response after the deadline (which is usually 2 months after the notice date) chances are that they will not accept your RFE response
 
Well, at least we know where we stand.
As for the grace period, in our case is almost three months. The RFE came on March 18th and the deadline is June 10th. The company is working on the taxes now, but I can not rest assured until I see them done and posted to BCIS. But that is only after my husband pestered the lawyer, the HR, his boss every other day to get the case into the CEO's attention. Grrrrrr.
 
need comfort

Hey guys, I really need some comfort here. It seems that the company won't be able to submitt the taxes by the due date. They have an IRS extension until August or something like that and it is improbable that they will be ready in two weeks.
Couldn't they submitt an explanation for why they are not able to send the requested documents? Or INS is not playing around with excusses.
Jesus, I am so worried. Actually, I am not worry, but I really can't believe that sth. like that can happen to ME. Oh, what a special person I am! However, INS might think the opposite. :-(
Actually not to me, but to my husband, 'cause I haven't done anything for the GC process, but he's been struggling for two years with that.
 
small advice

Hi,

Did u read the RFE, I mean what they ask really, are they gave any options, they Just need tax returns of compeny exclusively, if that is the case I don't know but if they gave any options like letter from VP stating that gross and net profit( I came to know from some other thread) they you can ask them.

I think even my company is also not willing to give tax returns(they have so many concerns about taxes it seems some one in the company told me). I don't know what my lawyer is going to do.

A small doubt about my REF was, I read my RFE, It does n't ask any where in the (3 pages document) about compnay's W2. It mentioned benficiary's W2s. I feel lawyer is analising the case to much and requesting company's W2. I have to find out with lawyer in case my company rejects to provide W2s because it is not mentioned in the RFE.

What do you people think about this kind of situation? any advice?
 
My suggestion is, if the company's tax return for year 2002 is not ready, you could submit their tax return for year 2001 or year 2000, even it is from the pre-spin-off company, i.e. the parent company. Plus, you need to have a letter signed by the top management team, like a VP, stating the fact that they got IRS's extension for year 2002's tax return and they are working on it. I think it should be fine for INS, worst possible case is they issue another RFE later to ask for year 2002's tax return, but quite unlikely.
 
Thank you guys. I will suggest that to our lawer. I will keep you posted. Let's keep the fingers crossed.
Bic
 
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