RFE notice received

[prasa]

Got the notice Yesterday in the mail. Looks an easy one by god grace. Notice says,

1)Submit copy(ies) of the Form I-797 or I-171C approval notices
relating to any extensions of stay or change of nonimmigrant status.
2)Letter from current employer stating date of hire, duties,
remuneration and prospect for continued employment.
3)Pay stubs for lat two months
4)Federal Income Tax returns, including all schedules and W2 and or form 1099 for last two years.

Could you tell me what is 1)....? 4) Just copy of W2 is enough?

 

[venky73]

Give ur details please...

ND, RD, FP dates...

 

[prasa]

My details are as below

RD: 3/29/02
ND: 4/14/02
FP: 5/17/02
RFE: 10/8/03
EB2/RIR/IND

 

[bunchofquestion]

I thought RFE notices are received by the lawyer. Did your lawyer also get one?

 

[Raj Chandra]

Originally posted by prasa
Got the notice Yesterday in the mail. Looks an easy one by god grace. Notice says,

1)Submit copy(ies) of the Form I-797 or I-171C approval notices
relating to any extensions of stay or change of nonimmigrant status.
Could you tell me what is 1)....?

Your H1B approval notice.

Originally posted by prasa

4) Just copy of W2 is enough?

Yes. But for the safer side, also send the copies of the tax forms you filed(eg. 1040).

Also consult with your attorney.

Raj

 

[prasa]

My attorney did not know about the RFE until I faxed a copy to them. Probably they may get a copy from INS in 1/2 days. I got it yesterday and he lives in different place than I live.

Raj
Could you tell me do I need to include all H1B approvals. I got total 3 approvals since 1998 but I used only 2. I don't have another approval notice with me. What should I do..? That company is also merged with another company, I don't have any contacts with anybody in that company.

 

[canus_immi]

Which ever H1-B you used are fine

 

[prasa]

My Attorney says they will charge $250 for AC 21 letter since I changed my Job.

 

[Raj Chandra]

Originally posted by prasa
Raj
Could you tell me do I need to include all H1B approvals. I got total 3 approvals since 1998 but I used only 2. I don't have another approval notice with me. What should I do..? That company is also merged with another company, I don't have any contacts with anybody in that company.

The latest H1B approval notice you have which was filed by your employer. I guess yours is a straight forward case of working for the same employer from the day you filed your GC.

If you switched jobs using AC21, I am not sure of the process. For that you may want to check with your attorney.

Best wishes,
Raj

 

[Raj Chandra]

Originally posted by prasa
My Attorney says they will charge $250 for AC 21 letter since I changed my Job.

That's normal. Since you changed your job, you may want to go through your attorney to reply this RFE.

 

[prasa]

Thanks Raj

 

[prasa]

My attorney says my H-1B approvals that cover all the time of my stay in US without gap is fine.

My spouse has just visa stamped on the passport as H4 (no H4 approval document, no old I-94), then got new H1 b approval notice.
How should I show the initial period of stay. Any suggestions....!!!

 

[Raj Chandra]

Originally posted by prasa
My attorney says my H-1B approvals that cover all the time of my stay in US without gap is fine.

My spouse has just visa stamped on the passport as H4 (no H4 approval document, no old I-94), then got new H1 b approval notice.
How should I show the initial period of stay. Any suggestions....!!!

I guess, you can attach whatever document(passport copies of H4) you have for your spouse reg. her proof of stay, because there is no H4 forms available to my knowledge. I remember I attached all the H1 forms of my wife's + the passport copies of hers(which contains H4 stamping) as a proof of stay.

As always, please double check with your attorney

 

[GCRD011502]

Originally posted by Raj Chandra
That's normal. Since you changed your job, you may want to go through your attorney to reply this RFE.

My previous employer paid to my lawyer processing fee of $xxxx.

My lawyer didn't charge me for replying to RFE and mine is AC21 case as well.

 

[Raj Chandra]

Originally posted by GCRD011502
My previous employer paid to my lawyer processing fee of $xxxx.

My lawyer didn't charge me for replying to RFE and mine is AC21 case as well.

Agreed I shouldn't have put that as a common scenario.

It depends. Since your employer paid the processing fee the agreement is between your employer and the lawyer. The lawyer may not charge the additioanl amount(or bill it thro' some hidden charges ) as he/she considers it as peanuts compared to the contracts he/she is getting from your employer.

In most of the cases, if the agreement is between applicant and the lawyer, then there is usually a seperate clause indicating additional charges should be paid by the applicant. In prasa's case, this could be the issue.

If the agreement was not between applicant and the lawyer, it is upto the applicant and the employer to decide whom should pay. In my case, my employer agreed in my employment letter, to pay the flat amount of $2500(well, i was a novice anyway at that time ) for the GC and the rest of the amount I paid.