RFE - Help!!!

G

GCC2001

New Member
I just received I-485 RFE asking for employment history. I am asked to provide w-2's, tax forms, paystubs, employment letter. Here is my situation, please help!

I have been working for my current permanent employer since 1999. This employer is sponsoring my GC application. There is no interruption of my employment (full time) with this employer ever since. I worked on EAD for the first year, then switched to H1B and I am still on H1B. The problem I have is that I also worked as a part-time tutor at a school from 1999 to 2001. This is not a permanent position, it was hourly paid, there was no regular work time, it all depends when student need help. And I only worked about total 80-120 hours per year. I have w-2 and paystubs for this temparory job. I started this temparory job after I got EAD but didn't realize I couldn't continue the job after switching to H1B in year 2000.

Am I in big trouble? Please advise how I can respond to the RFE. Thank you!!!
 
Are you still working as a part-time tutor ? If you are not when did you stop working as a part-time tutor ?
 
Hi GCC2001

I am not an expert regarding RFE.
When I go through your posting, I got the following questions in my mind.

1) what is your I485 RD,ND & category
2) when did you get your EAD.
3) You said your part-time job was a tutor. Then what is your full time job?
4) If you got your EAD in year 2000, why are you still waiting for GC!

If you can post all these details, some one can give you a good opinion on your RFE. Please don’t forget to update Rupnet.
 
EB3, RD10/2001, ND 11/2001
EAD: 5/1999 - 5/2000

I worked concurrently as a full time employee for my current permanent employer as well as a tutor during 1999-2001.
 
Hi,
usually how many years
w-2's, tax forms, paystubs , BCIS asked?
I am not sure keeping all staffs

the first job (for applying i485) was pemanent,
is there any problem if current job is
not pemanent ( when RFE arriving) ?

thanks
urch
 
In OPT whatever you have earned, is nothing to do with current GC.

That is for practical training but job should be in related field.

I think you should be worried about your duration as H1B.
Since your current job is permanent , I don't see any problem.

Better take help of a good Immigration Lawyer for peace of mind.
 
This is a bit difficult situation. Legally you're not allowed to work for any other employer if you're on H1b. But, since you joined the part time job while being on EAD which does not pose such restriction. You're pretty much OK for the period of your EAD but I think that there is a problem for the H1b period (off EAD).

Now here is my take since BCIS asked for the paystubs and W2 etc. then there is no choice but to provide them. There may be another RFE asking to explain the validity of the part time job. Another possibility is that since you were working using EAD at the time of joining the part time job and there are not too many hours associated with it so BCIS may not worry about it.

But, in any circumstances I don't think that you can avoid sending the information about your part time job. I think this situation is worth taking up with an expert immigration lawyer.

Disclaimer: I'm not an immigration expert or lawyer, this is just my opinion. Seek advise from an immigration expert / attorney for the correct answers.

Thanks
 
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