RFE.... No recent Paystubs and W2 from Sponsering Company... Please Help

S

shrini100

Registered Users (C)
Hi All,

My lawayer received RFE requesting Employment letter, recent paystubs and 2000 W2.

Here are my details:
Country : India
Category : EB3
Original PD : Aug 97.
INS moved PD to : Feb 98 because of the delay in responding to a query.
I140 - Dec 98.
I485 : RD : 09/30/99 ND: 10/12/99
Changed employer temporarily : Jan 2000.
FP : 02/28/01
RFE : 04/04/01

I\'m also one of those unfortunate people who are forced to leave sponsering employer after applying my 485 because my Consulting employer could not find a project for me for long time.

This was way back in99, fall of Y2K and mainframe era. I applied for my 485 in Sept 99 when INS opened it\'s gates. My skills were in mainframe related area which was "No Demand Full Supply market" back then. So, I was on bench for long but still had to drive 40 miles to work on proposals and etc. stuff for my employer.

I talked with my employer of taking temporary leave, learn new technolgies at home without any pay, use EAD to work for another employer in the new skills learned. He said OK and we had an agreement that I\'ll return to my sponsering employer after an year.

So, I took the risk, studied new technologies and found another job on my EAD, in Jan 2000.

I was in the process of returning to my original employer, this year, downturn in the economy delayed it so far.
In the mean time, I got this RFE. I\'m shocked and panicked at INS\'s demand for 2000 W2.

Although my employer can give me employment letter, don\'t know what to do about recent paystubs and W2.

Please anybody went thru\' the same or seen somebody facing this situation advice me. I have seen some postings from myladoor, metoo advicing in similar situations.. Please guide me.

Thanks,
shrini100
 
No Title

I can sympathise with your situation since I might be in one very soon! my case is exactly like yours. First thing I would
suggest (rather obvious one), sit down with your lawyer and ask him how he plans to deal with this. According to the old law,
Green card is for a future job. To my knowledge, it is still valid law. So, ask your lawyer the same. If you can use this law and
how you can use it? In the employment letter,your employer stating that he let you go only temporarily to learn new skills and
plans to hire you back permanently after you get your green card. They might be asking for the w2 (and pay stubs) just to
make sure that you are still employable in US with your skills and not to see if you are employed with the same employer..
Having said that, I am not sure if that is really the case. Its a possibility. Your lawyer might know more on this..
I dont know if RFEs mention WHY they are asking for the info or if they just mention WHAT info they want. Though you must
be very panicky,there is no other solution than to meet this head on. If I were you, though I would be afraid on one side, I would also not totally loose hope because of that old law and because of the support you have from your sponsoring employer who will
write in the employment letter that he WILL hire you again after getting the green card and that infact you are a very valued
employee (a touch of sentiment?!). Best of luck and please keep us posted on how it is going.
 
No Title

Hi Metoo,

Thanks for your moral support. I\'m planning to take lawyer appointment next week. If I get some good postings on this Board, I\'ll use it in my discussion with lawyer.
I\'ll keep posted about happenings.

Thanks,
shrini100
 
No Title

Hi Probably you are okay.
1. Since your employer is giving a letter stating that he is interested in hiring you after the approval, you don\'t have to do 140 redo.
2. Also you have joined the new employer with your EAD, not on a new H1, you are allowed to work on multiple jobs with EAD.
3. Only issue is you are not having proof that you were in the payrol of the sposoring company. How big is your company?, How long you have to respond to your query?. Do you need two months pay statements or last three or four paystatements (your company might be having a biweekly payroll.) If you have two month time to respond to the query why don\'t you generate paystub from your old employer for the next two months.?? just a thought.
 
No Title

Hi AIndian,

Thanks for your response. I was also thinking about getting paystubs from sponsoring employer as I have until May 15 to respond. But my sponsoring employer, lawyer are telling me it\'s OK if I submit
pay stubs and W2 from current employer.

One more concern I have is I dont want to stretch this too far also, as I\'m worried about INS implementation of the new law. I did leave my sponsoring employer within 180 days of 485 ND. So, if INS implements new law and asks for the proof such as paystubs etc. for the first 180 days after ND, I may be in trouble.

I\'ll discuss this in detail when I meet lawyer next week.

Thanks,
Shrini100
 
No Title

Hi Why don\'t you take a layoff letter from your sponsoring company and provide the current company details from this point. This might trigger a 140 redo. You might be better off.
 
No Title

I would agree with metoo 100 % . And the statement that the Labor Cert is for a future job is perfectly correct. You are in a MUCH better situation than you think you are in. Dont let it go. All you need to provide is just the pay stubs and the W2 and additionally the letter from your sponsoring employer saying that the position is open and you can come and join them after your GC gets approved.

Everything is fine as long as your employer hasnt pulled back your I140. It seems so in your case. Dont ever waste your good time in worrying.
 
No Title

Hi All,
 Thank you all for the moral support.
As vscsucks pointed out, I too vaguely remember one such case, long ago....I am trying to serach for those postings , in the archieves. But searching there doesn\'t seem very helpful....
NiceGuy,I too think I have to reduce worrying about this right now and find a better solution. Thank you.

Thank you all again,
shrini100.
 
No Title

Hi Metoo,

Sorry for not updating here. I did update on isn.org.

Talked to my lawyer, he said submit Sponsoring employer\'s letter, current employer\'s paystubs and W2 as GC is for future job.

For a second opinon.... met Great Rajiv Khanna!! He really filled life back in me with confident words about my case. He says there\'s absolutely no problem with my case as the sponsoring employer is strongly supporting me. He told to do the same thing my lawyer is suggesting. In case of problem he told we can take help of new rule.

With the strong belief in Almighty, I submitted my documents.

I\'ll keep posted my happenings.

Once again thanks for every one who has responded to my situation.

-shrini100
 
No Title

Don\'t we get W2 from the employer for whom we worked on EAD?
I don\'t know much, just thought we can get W2 from the client for whom
we worked on EAD, for tax purpose.

Any comments?
 
No Title

Yes Harapatta,

I submitted the same year 2000 W2 and paystubs provided by my current employer(working using EAD) who is different from Sponsoring employer.

- shrini100
 
No Title

I think with new law (S2045-Oct17,2000), we should be allowed to use/submit W2 from new employer where we worked using EAD in
response to RFE.
 
No Title

Shrini,
I will have the same situation, I am performing my GC processiong from a company other than what I am currently working for. The only difference b/w your case and mine is that I have an approved H-1B for both companies but I am using only one of them to work at my current employer.

It will be very interesting to see how VSC treats ur case. NSC will be my service center and I dont know what kind of RFE will I get for my case. Technically speaking they should only ask for an intent of sponsoring employer to hire you as GC is for a future job. As far as paystubs and W2 forms go, I think they only want to know if you are legally living in the states. Mine could be just an ignorant opinion.

Good Luck to you my friend.
 
No Title

Thanks Shrini100 for responding so quickly.. Wish you very best of luck.. looking at what you said, I too dont see any
problems for you! when did you send your documents? please do keep us posted.. thanks!
 
No Title

Hi Shrini100

Did Rajiv K mention anything about how important is it to be working for the sponsoring employer? Also, what did he exactly say about the situation where one is not employed witht the sponsoring employer, but plans on joining after the GC. How soon is one supposed to join?

Pelase update us with the details of your discussion with him, as that would help those of us who are not working with the sponsoring employers.

Thanks
 
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