RFE - Earning Statements

M

manishrc

Registered Users (C)
I received an RFE on my 485 stating that I should submit two year earnings statements.
My question is whether I have to submit the W2s or pay stubs for the last two years.
I have saved all the paystubs so sending the bunch is not a problem.
Has anybody gone through this?

Thanks.
 
It should be just your W2s.

manishrc said:
I received an RFE on my 485 stating that I should submit two year earnings statements.
My question is whether I have to submit the W2s or pay stubs for the last two years.
I have saved all the paystubs so sending the bunch is not a problem.
Has anybody gone through this?

Thanks.
Click to expand...
 
If you have your paystubs, make copies and send it along with your W-2 copies. You don't want to take chances, right?
 
W2 from different company

The problem is that I haven't been working with the sponsoring company for the last 2 1/2 years, so my W2's are from a different company.
Immediately after sending my 485 papers, I joined another company.
Please advice.
 
You will have to use AC21 along with requested W2s and may be with couple of new comapany's paystubs. Talk to your lawyer, if you have one.

-Sanga.


manishrc said:
The problem is that I haven't been working with the sponsoring company for the last 2 1/2 years, so my W2's are from a different company.
Immediately after sending my 485 papers, I joined another company.
Please advice.
Click to expand...
 
Paystubs for last two months

My lawyer says that there has been a priniting mistake by the INS.
It should read "Please submit earning statements for the last two months" instead of "Please submit earning statements for the last two years".

She wants me to submit last two months pay stubs.
 
manishrc said:
My lawyer says that there has been a priniting mistake by the INS.
It should read "Please submit earning statements for the last two months" instead of "Please submit earning statements for the last two years".

She wants me to submit last two months pay stubs.
Click to expand...
Do what your lawyer says. INS can't deny your case just because you didn't submit your pay stubs for the last 2 yrs. At the most they might transfer your case for interview.
 
manishrc,
In any case, you will have to use AC21 as you are not working for the I-485 sponsored company. Without assuming any further, I would send:

1) AC21 letter stating similar job duties and may be similar salary.
2) 2 months paystubs to substantiate your AC21.
3) 2 years W2s.

Good Luck
-Sanga
 
manishrc,

I would not assume that the lawyer is correct and INS made a typo. The safest and best option has been suggested by Sanga. Please follow that. Please do not make the mistake of submitting less paperwork and then hoping that at 'worst your case will be transfered for interview'. This could put you back by another year or so, wherase submitting correct paperwork could get you an approval immidiatly.

sertra2002
 
When did you receive RFE & when is your online status updated

Hi manishrc,

When did your receive RFE & when is your online status updated. I am trying to find out how long it will take to get RFE to lawyer.

Thanks
Bye
Venki
 
dsatish said:
Do what your lawyer says. INS can't deny your case just because you didn't submit your pay stubs for the last 2 yrs. At the most they might transfer your case for interview.
Click to expand...

dsatish,

I apologize if may sound a bit rude, but are you able to back the above statement with 100% surety?

I thought not submitting the correct papers while replying to RFE was a big criteria for rejection? Would you suggest this to everyone, i.e. to submit what they or their lawyer thinks is correct, rather than what is actually asked for in RFE ?

sertra2002
 
I got a similar RFE

for earnings statements for the past three years and my lawyer wants me to submit paystubs for the last three years. I dont think it is a typo. I haven't changed my employer and no problem in sending the paystub - the caveat is that the salary mentioned in the LC is being met only from July 2003 and before that it was 25% less. I am niot sure whether this will be a problem. Any ideas?
 
sertra2002 said:
dsatish,

I apologize if may sound a bit rude, but are you able to back the above statement with 100% surety?

I thought not submitting the correct papers while replying to RFE was a big criteria for rejection? Would you suggest this to everyone, i.e. to submit what they or their lawyer thinks is correct, rather than what is actually asked for in RFE ?

sertra2002
Click to expand...

What i have said is no different from what 'Sanga' said (sending only last 2 months paystubs instead of 24 pay stubs). I just did not elaborate the remaining things. Yester day, some one asked the same question and i have suggested him to submit all the pay stubs for last 3 yrs because his case is clean (stayed with same employer) where as this person 'manishrc' has changed employer immediately after filing I485 and i thought that it is better to hide the date of joining the new company, if possible. It's a complicated case and it is better to leave it to the lawyer to handle it, if you have faith in him. The reason behind my suggestion is this : It is better to get your case transferred than getting a denial letter.
 
dsatish said:
The reason behind my suggestion is this : It is better to get your case transferred than getting a denial letter.
Click to expand...

All your points are well taken. My only problem is that getting a transfer may not be a good idea because
1) If you can get approval now with proper documentaion, why not go for it?
2) Transfer may still result in denial, as in interview, they may dig even deeper.
3) Its not good for your heart !
 
Your statement suggests that you change your sponsoring employer just after applying I-485. Isn't it the law that you have to wait six months before changing the employer. Is there any change on this requirement.

manishrc said:
The problem is that I haven't been working with the sponsoring company for the last 2 1/2 years, so my W2's are from a different company.
Immediately after sending my 485 papers, I joined another company.
Please advice.
Click to expand...
 
abjadh said:
for earnings statements for the past three years and my lawyer wants me to submit paystubs for the last three years. I dont think it is a typo. I haven't changed my employer and no problem in sending the paystub - the caveat is that the salary mentioned in the LC is being met only from July 2003 and before that it was 25% less. I am niot sure whether this will be a problem. Any ideas?
Click to expand...

Could you please tell me what you finally sent? W2 or pay stubs for the last two years.
Is your case approved?
 
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