RFE on I485 - Pls help me

R

RoaringBull

Registered Users (C)
Hi All

My I140 is approved in Nov 2004 through LC substitution.
I was expecting my I485 but I got RFE from USCIS.

One of the RFE asks me to submit the W2s for the last 2 years.
In 2003 W3, my salary is around 5k less than the Wage shown on the Labor.
In 2004 W3, my salary is around 20k less than the Wage shown on the Labor.

Are there any one out here who got into similar situation ?
If yes, how did you handle that situation ?

Pls share your experience.

Thanks in advance.
 
My understanding is that you need to get paid the salary stated on the substitute LC and I-140 when they were submitted. Obviously, you cannot be paid the salary that it states on the sub. LC in previous years as you may not even have known that a sub. LC was available for you. I was in similar situation and my lawyers told my company to raise my salary to match the sub. LC prior to submitting the I-140 and I-485 concurrently, which the company did. I also submitted W-2s from previous years showing less salary than on the sub. LC, but since we had no clue about the sub. LC 1-2 years ago when I earned that previous salary, we could obviously not have anticipated what salary to pay for a future sub. LC. Again, my lawyers told me that as long as I am paid the sub. LC salary when the GC application was submitted, I'm fine, regardless of prior W-2s. That's why I also had to submit current paystubs and a statement from the employer regarding my current salary and that it matches the sub. LC salary.
 
This is for one of my friend ... I could not respond in time since I was on vacation ...

My friends case is EB2 ... For I140, there was an RFE for ability to pay.

My friend's W2's were less than the LC amount bacasue he has taken some un-paid time-off.

Now come on guys ... pls share your experiences on what is the best way to approach this case.
 
Same answer again. Past W-2s should have no impact on the case, especially sub. LC. The salary paid when filing the I-140 using a sub. LC is what is more important. Is the salary still less than what the sub. LC and I-140 states? If so, expect an I-485 RFE for inability to pay.
 
RoaringBull said:
This is for one of my friend ... I could not respond in time since I was on vacation ...

My friends case is EB2 ... For I140, there was an RFE for ability to pay.

My friend's W2's were less than the LC amount bacasue he has taken some un-paid time-off.

Now come on guys ... pls share your experiences on what is the best way to approach this case.
Click to expand...
There big thread in I-140 Vermont issues Read the posts you will get all the answers. Never the less There is no requirement to pay/get the salary specified in LC until green card gets approved. At I-485 stage this kind of RFEs are generated to verify the status of the person.
 
Technically, the PWD appeared in LC are suppose to match on approval of I485. If the current pay (at the time of pending 140 and/or I485) is significantly low, USCIS will issue RFE.
You need to submit the W2s and returns and establish the different between current pay and PWD of LC. If current pay is more or equal, you dont have to wory. If current pay is less, you need to justify company's ability to pay by showing company's return, Gross income, and net income. If company's net income or assets are more than the different, you should be fine.
If company is making loss, and different is significant, you may have trouble approving I 485.

You may seek advice of United nation on this issue



tammy2 said:
There big thread in I-140 Vermont issues Read the posts you will get all the answers. Never the less There is no requirement to pay/get the salary specified in LC until green card gets approved. At I-485 stage this kind of RFEs are generated to verify the status of the person.
Click to expand...
 
priyargc said:
Technically, the PWD appeared in LC are suppose to match on approval of I485. If the current pay (at the time of pending 140 and/or I485) is significantly low, USCIS will issue RFE.
You need to submit the W2s and returns and establish the different between current pay and PWD of LC. If current pay is more or equal, you dont have to wory. If current pay is less, you need to justify company's ability to pay by showing company's return, Gross income, and net income. If company's net income or assets are more than the different, you should be fine.
If company is making loss, and different is significant, you may have trouble approving I 485.

You may seek advice of United nation on this issue
Click to expand...

That verification is done at I-140 stage. He is already crossed that stage. It is I-485 so gross income and net income are not going to play any role.
 
You must log in or register to reply here.
Top