RFE Issued: Pl. help

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ba_gc_2001

Registered Users (C)
BCIS issued RFE on my case on Nov. 20th and the response is due by Feb. 12th. The RFE is for "EVL and last 3 years W-2s showing you are employed full time". But the problem is :

I stayed with my 485-filed employer X for 15 months. Then, on EAD I joined employer Y for 1 month and left and joined my current employer Z and filed for AC 21 (Which BCIS misplaced it). So I should be getting 3 W-2 forms for 2003. My lawyer is suggesting I should submit W-2 from all the 3 employers. But the problem is company Y is saying I have to wait till Jan. 31st to get the W-2. I already have collected W-2 from the other 2 companies. Pl. advise.

RD: 11/26/2001
ND: 11/27/2001
FP2: Oct 2003
 
The question I wanted to ask you guys is :
Should I wait for the W-2 or go ahead and submit available W-2s.
 
My take: wait

From 1/31 to 2/12, there are enough time to gurantee the reply reach BCIS. At the same time, try to get Y W-2 as early as possible.
 
got similar RFE

Since your RFE was genertaed in 2003, the W2s are for last 2 years 2001 and 2002. Submit for the last 2 year and if they want 2003 W2 then they will ask you again.

This is what I plan to do and my attorney is ok. Check with your attorney.
 
Again: wait for W-2

When BCIS set due date, it might have considered 2003 W-2. If ba_gc reply tommorrow, only benifit is 15 days, but it may cause anther RFE for 2003 W-2.

showme_gc,
Usually, W-2 is ready now. I just got mine. Why not wait several days until 2003 W-2 ready.
 
The RFE says :

Employment Letter : Submit a letter on your employer's original letterhead (not photocopy) showing you are employed full-time (40 hours per week) in a permanent job. Also, submit your Form W-2 for the last three years to corroborate the employment letter.

My lawyer says, we should submit W-2s for last 3 years i.e 2001,02,03. So I am planning to wait for all W-2s and then respond.
 
W-2 does not indicate full-time employment.

With the new RFE questions, what happens if one has worked part-time in between full-time positions?
 
1. If it is last 3 years W2, why not you send 2000, 2001, and 2002 W2?

2. I was in same boat, and waiting for the 2003 W2. it turned out the company send out W2 on Jan 22th, and then they got it back as there was a mistake, so I waited until the 3 days before the deadline then send out the old one I have.

the one I sent out is: 2001 ( 2 w2 s ) 2002( 1 W2 ). I got 2 W2s for 2001 as I changed job.
 
I have the same question as wonderful. If one gets laid of by the petitioning employer after 6 months of I-485 filing, and before getting a new full time job, works for a month or so on a part time basis as a consultant, how should he or she defend such a situation in an RFE? In my opinion, INS should have no problems with that as long as the petitioner can demonstrate that he has an employer that has hierd him/her on a full time basis at the time of getting the RFE, or has the intention of hiring the petitioner full time after the GC gets approved. Otherwise all this talk about GC being for future emploment is bs. And it also contradicts the recent memo from USCIS regarding AC21 which clearly mentions the point that I am trying to convey.

What do the forum expert think?
 
Scorpd, I agree with you. We discussed the same subject a couple of days ago and most of the "forum experts" had a similar opinion
 
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