RFE - Jan02 Case - NEED Guidance

iamvj

Registered Users (C)
HELLO ALL,

Need you help and guidance.

My details -
WAC -02XX
ND - 01/21/02
1st FP - 05/2002
2nd FP - 02/2004
RFE - 03/2004

I was laid off in 09/2002. I had my EAD and had completed my 180 days in the same job.

I joined my same compnay as a contarctor in 11/2002

My contract ended - 02/2003
I had no job 03/2003 - 10/2003.

I agained joined the same compnay as a contractor - 11/2003 and I am still working ...
This time my salary was 15% less.

Each time I joined as a contarctor, I came through a 3rd party which my company uses to employ contarcters.


RFE recd - EVL, 3 Tax returns

NOW my questions -
1. What to do in case of a Empl. Veri. Letter.
Neither my parent company nor the company through which I came as a contractor will give me this even though I get a w2 from this company.

2. Now that my salary is less... will that matter.

3. If I submit my 2003 tax return it will be less thatn other 2 years becoz I had no job for 7 months in 2003.
So can I submit 2000-2001-2002 as the tax returns ?

PLEASE LET ME KNOW ASAP.
Thanks
 
I think u should have EVL. As you are already getting W2 instead of 1099, it should be easier to get EVL.

less Salary and W2 for previous years may not be a problem.
Its just my openion, find out from others too.
 
1. You absolutely need EVL! You must ask the company that issues your W2 to provide this simple letter. If they sponsored your GC there should be no reason why they cannot give you the letter as stated! (If you can't get it, then I suggest you change your job)
2. Less salary does not matter if you are using AC21, but if you are not then you need to make around the same salary, or you need a letter from your company (EVL) which states that they will pay you LC salary upon approval, which will do just as fine.
3. Less money on W2 should not be a problem at all. You can always claim you were on medical/personal leave etc.

The key issue here is the EVL! You get that the way it is supposed to be and you will be fine!

Try and reply to the RFE ASAP!
 
Thanks !

Thanks for replying.

The company (Comp-A) which issues me a W2 is not the one who sponsered me initially.

The company (Comp-B) for whom I work through Comp A as a contratcor sponsered my GC.

I am using EAD /AC21.

I will try to get ...meanwhile any one has any more helpful hints....please let me know.

Thanks. HIGHLY Appreciated.
I wish ALL OF US GET A GC !!
 
Not that its so straight forward but

why would company B through who you are working as contractor in your orig company not willing to give you a letter

It just says that you are currently working for them for so and so salary.. they cannot deny evl because you already get pay stubs against them

.
Ram
 
U dont have to get the EVL from ur sponser company.
U just have to get the current company u are working OR u can get it from a new company altogether that says "WE are giving him this offer ......"

As this EVL is for a future job after ur GC approval, I think u should get it from ur company that gives u W2.

But beware that, u should get the EVL similar to ur job description in ur Labor application.
If ur job desc in ur Labor application is Software Engineer and the EVL says "Contractor" u may have an issue.
 
The key is to maintain "full-time" employment.

If you are a temporary employee on W-2 it does not fulfill the requirement of a full-time position or a full-time offer.

If you are a full-time employee from the contracting co., you are fine, get a letter from them.

Often contracting companies will "make" you full-time for a fee. (15% after tax)
 
I am temp worker

YES...That is my problem.
I am on a Temproray employment.

What do you think are my options in that case ?

PLEASE GUIDE ME !
 
Some companies hire contractors with pending AOS as "full-time".
For this service, they charge a fee as they incur payroll tax and other overhead.

Will your contracting firm "hire" you? If they are willing to do this for a fee you are fine.

If Manpower is your 3rd party contractor the chances are slim but if it one of the software contracting/placement firms owned by immigrants you have a good chance.

Talk to the 3rd party contractor and take it from there.

BTW, does the 3rd party own the contract? If not can you transfer the contract to a sympathetic software contractor.
 
Thanks ALL.

I will be talking to the 3rd Party (NOT MANPOWER) and my LAWYERS and will keep you all posted.

PLEASE KEEP THE GOOD ADVICES COMING..

IT REALLY REALLY HELPS !!

Thanks again.
 
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