RFE for gap in employment history

D

desi_girl

Registered Users (C)
Hi ,
I received my RFE and they wanted to know the reason for a gap in my employment in US for 2 months.

Has anyone received like this?What should i do.Will it jeopardise my application?

Please advice

Thank you
 
desi_girl said:
Hi ,
I received my RFE and they wanted to know the reason for a gap in my employment in US for 2 months.

Has anyone received like this?What should i do.Will it jeopardise my application?

Please advice

Thank you
Click to expand...
Yes i recieved same RFE which was actually part of RFE. my attorney told me to make fresh letters from previous employers in which he said dates were mixed up in previous letter. so basically fill that gap with in new experience letter.
 
well i am still in process of getting letter but previous employer has agreed to give me , reason being i am on good terms with him. also USCIS is never actually verifies, either they accept it or deny it.
 
I doubt i will be able to get those letters cause the companies that i worked follow the rules by the books.I dont know what else I could do?

Please advice.
 
desi_girl said:
I doubt i will be able to get those letters cause the companies that i worked follow the rules by the books.I dont know what else I could do?

Please advice.
Click to expand...
how big is the gap?? if its couple of month then i am sure it should not be problem in writing that down. no matter how big the company is , i think talk to their HR
 
Yes.My labor shows the exact dates for which i was employed.
My experience letter also shows the exact dates that i worked leaving me a gap of 4 months.

I just called one of my previous employers and she said that she could NOT give any letter for which i was not employed with them!

Do i have any option? What should i do in this situation?

Thanks
 
hello Desi girl

When was this gap happen. Is it after you file your I-140/I-485 or before?

If it is before, my suggestion would be consult a lawyer. Because geting a letter from your previous employer would not help because USCIS know that you have a gap and if they ask to produce pay stuff of that period, it would complicate.

If the lawyer was not helpful, i will be honest and explain carefully your situation in those days.

I wish you that USCIS takes your explanation positively because honesty sometimes hurts.

wish you good luck

Mazan
 
Any suggestion ??

desi_girl said:
Yes.My labor shows the exact dates for which i was employed.
My experience letter also shows the exact dates that i worked leaving me a gap of 4 months.

I just called one of my previous employers and she said that she could NOT give any letter for which i was not employed with them!

Do i have any option? What should i do in this situation?

Thanks
Click to expand...


I'm also into the same situation as yours.I 'm about to apply for my 140 next week.I was thinking if we mention that we were out of country for those months.I have gap of 3 & 1 month before labor filing.After that I have no gap for last 5 years.Will sending these later exp letters help us ?


Or what if we say that we were not keeping well & get some doc letter for that period ( 1 month ) ?
I have left you PM, please reply & we can discuss some more alternatives

Thanks
GCcomesoon
 
should not be a problem

have you left the country and re entered since the gap in ur employment

if so it really does not matter...bcos for I485 they check ur status after ur last entry...if u have no issues since ur last entry u are ok

for ur previous problems u can use 245k (not 245i) and get it over with

ur lawyer should know how to file for it
 
I did leave the country after the gap.But ever since my last entry in 2003, I have a continuous employment.
BTW, I have no idea whats the difference between 245i and 245k.Could you please explain.
Also i read in one of the forums that 245 will cause an interview!.

Thanks again
 
What the exact text of your RFE?
Why do you think they are asking to explain the gap? Is it because you were H1B visa?
I don't see why RFE can be generated becouse you did not work for a couple of months in the past.
BTW 245 can be used for unauthorized employment not if you did not work...
 
waiting_aos said:
What the exact text of your RFE?
Why do you think they are asking to explain the gap? Is it because you were H1B visa?
I don't see why RFE can be generated becouse you did not work for a couple of months in the past.
BTW 245 can be used for unauthorized employment not if you did not work...
Click to expand...


This is what my RFE says:
In order to be eligible for Lawful Permanent Residence, you must demonstrate that you have maintained your status since entry.
You have indicated the following work experience on formG-325A........
( They detailed my experience with dates)
What were you doing from june 01 to september 01 and from may02 to august 02?
Submit documentation to establist this claim.

Well i actually worked till the end of June 01 and also till end of May02, so i can prove using my paystubs .
 
Hi desi_girl,

I am a novice, but the most common check done in I-485 is - did you ever have unauthorized stay in US? One has to prove this thing for sure in I-485 otherwise a denial may result...

I think - best thing - suit up a lawyer, for sure...


Check out this article on 245(k) - I think this is applicable in your case and since you maintained legal status after re-entry from abroad...there should be no problem......

http://www.cyrusmehta.com/news_cyrus.asp?news_id=935&intPage=7

245i - was a provision with a deadline of filing by April 2001...whereby all unauthorized stay violations were pardoned at I-485 stage.....and doesn't apply in your case...since you didn't apply labor by April 2001

Otherwise, if your latest re-entry happened June 01, worst case - you can use 2 month formula for H1B gap...H1B allows 60 days of gap in employment......so your gap for June 01 to Sept 01 is allowed legally....and your gap from May 02 to Aug 02 amounts to 4 months minus 2 months.......amounting only 2 months of unauthorized staty and 245k covers you.....

I think bottomline - you are covered legally - but just make sure you make use of these laws correctly...



- Santa4u
 
Last edited by a moderator:
desi_girl said:
This is what my RFE says:
In order to be eligible for Lawful Permanent Residence, you must demonstrate that you have maintained your status since entry.
You have indicated the following work experience on formG-325A........
( They detailed my experience with dates)
What were you doing from june 01 to september 01 and from may02 to august 02?
Submit documentation to establist this claim.

Well i actually worked till the end of June 01 and also till end of May02, so i can prove using my paystubs .
Click to expand...

Hi,

Could you please give us more details on your case. The experience you have mentioned which is eligible for EB2 may not be matching so is the reason USCIS might be looking for the dates (its my guess).

If you can give us more details that will be great.

Thanks
KK
 
kriskish said:
Hi,

Could you please give us more details on your case. The experience you have mentioned which is eligible for EB2 may not be matching so is the reason USCIS might be looking for the dates (its my guess).

If you can give us more details that will be great.

Thanks
KK
Click to expand...


Hi,
My total experience in months are 78 months (> 5 years) at the time i applied for my labor in 04 ( this does not include the 4 month gap).The uscis thinks i have a 6 month gap.

Also this experience includes my experience prior to my first entry to the US.

Please let me know if you know someon who has been successful ona similar case.

Thanks
 
Last edited by a moderator:
desi_girl said:
Hi,
My total experience in months are 78 months (> 5 years) at the time i applied for my labor in 04 ( this does not include the 4 month gap).The uscis thinks i have a 6 month gap.

Also this experience includes my experience prior to my first entry to the US.

Please let me know if you know someon who has been successful ona similar case.

Thanks
Click to expand...

Thanks for the reply. I didn't see any post in the past the one which you have. Sorry I couldn't help you out.
Thanks
KK
 
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