RFE , complicated case, please help

[eric94043]

I received RFE for employment letter, last 3 pay stubs, W2s and tax return for 2000.

My employment history is little bit complicated and I am very concerned about how to answer the RFE. Here is some details:

I worked for my I485 sponsoring company A on H1B since 10/1998 to 12/2000. During this period, I took 2 month leave to work for company B on its H1B from 01/2000 to 02/2000. I submited I485 petition in 03/2000(ND). At that time, I got back to work for company A.

In 12/2000 I left A to join company C on its H1B, unfortunately, I was laid off in 05/2001.

My sponsoring company A asks me to join back and I am plan to be on board in 06/2001 with EAD. However, in 05/2001, this company A has merged with other company with a new name company A1.

In the meantime, my wife worked on EAD since we got our EAD in 06/2000.

Now I got this RFE requesting for such information. Gurus please help me answer following question:

1. Employment Letter
Can I ask company A1 to issue an employment letter? Do I need to add explanation about my employment history to INS?

2. W2s for 2000
I am planning to submit W2s for all the companys, A, B and C. Do I need to submit copys for H1B approval for B and C to INS? Do I need to add explanation regarding my starting and ending date? Or do you have any other suggestions?

3. Pay stubs
Since I was laid off from C and have not join A1, can I just send my last 3 pay stubs from C? I have limited time to answer RFE, I might not able to gather 3 pay stubs from A1.

4. Tax return for 2000
Since I filed joint return with my wife and she has also got her W2s from her employers, do I need to include her W2s or explain the amount we filed is for our total income?

5. General question
Since I left I485 sponsor after it has been pending for 180 days and I am going to re-join A1(merged from A), do you think I should take advantage of 180 day rule or use green_card_is_for_future_job rule? If I take latter, do you think I need to file I140 redo?

Thanks very very much.

 

[jjsni]

No Title

I don\'t think you have the problem. Get a good lawyer may help. GC is for future employment. As long as company states they will hire you after 485 approval. Make sure you always pay tax and no out of status. Everything will be OK.

 

[OCT2000]

No Title

I found your case is very interesting and it helps others a lot who are in the similar situations. I am sure there are lot of people in this situation and thanks for sharing your information on this board.

Let me share my knowledge I gained on this board and strongly advice you consult a good immigration lawyer before you submit your response to RFE.

Here are my views:

1. Employment Letter
Can I ask company A1 to issue an employment letter? Do I need to add explanation about my employment history to INS?

A: You are supposed to send a letter from your sponsoring employer that is A1 in your case. Of course you will attach a successor of interest letter because there is name change.

You don\'t need to explain about your work history. GC is always for a future job and your sponsoring employer have to show his interest in hiring you after you get your GC

2. W2s for 2000
I am planning to submit W2s for all the companies, A, B and C. Do I need to submit copies for H1B approval for B and C to INS? Do I need to add explanation regarding my starting and ending date? Or do you have any other suggestions?

A:Submit all the W2 you got for year 2000. You can work any number of jobs and can have multiple W2\'s. INS don\'t bother for how many companies you worked for or How much much you made in the past year. All it concerns is that you should have a job and you will be a public liability after you get your GC. So having multiple W2\'s are perfectly alright. You do not need to explain to INS why you have so many jobs and do not send any information other than they asked for it. Which will confuse them and there will be a chance to get interview if your file is too big to go thru.

3. Pay stubs
Since I was laid off from C and have not join A1, can I just send my last 3 pay stubs from C? I have limited time to answer RFE, I might not able to gather 3 pay stubs from A1.

A: Just send the last 3 pay stubs whatever you have. Don\'t bother about the company names on it. They don\'t care who paid for it while you are on EAD. All they care for you always have a job and never be a public liability.

4. Tax return for 2000
Since I filed joint return with my wife and she has also got her W2s from her employers, do I need to include her W2s or explain the amount we filed is for our total income?

I would say send a complete copy of your Federal tax Return for Year 2000. Make sure that your response will be as little as and to the point.

5. General question
Since I left I485 sponsor after it has been pending for 180 days and I am going to re-join A1(merged from A), do you think I should take advantage of 180 day rule or use green_card_is_for_future_job rule? If I take latter, do you think I need to file I140 redo?

A)This is a very good question. INS Vermont doesn\'t have guide lines to implement 180 day rule yet, If they consider your case they will put your case on hold. Subsequently you might need to file I-140 redo from new sponsoring company. To be frank no one knows how your case will treated by a particular INS officer. There is a lot of variation between officer to officer.

Bottom line first submit the response to RFE and hope for the best. If you don\'t heard any thing after two weeks call INS whether your case is on hold or not. If it is hold because of 180 day rule file I140 redo immediately on new company name.

Any comments from fellow posters would be greatly appreciated. This is very interesting case to share our views, please participate in this discussion.