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.
 
Salary is not a problem

Salary is not a major problem. GC is based on future employment.

GOOD LUCK.
 
RoaringBull said:
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.
Click to expand...

Generally the salary paid during the year when the labor was filed is used to prove the ablity to pay issue. The argument goes if he is paid close to the labor salary then the employer may have ability to pay.

I wonder why they asked for W2 for last two years .. it might be simple as if they want to check if U were employed during last two years -- if this is a case then U are all set .. Ur 485 approval is quite near.
Sometimes USCIS may check this ability to pay issue even at 485 stage. In this case they might check -- if U are approved today can Ur employer pay U extra 20K. If yes then U are all set again..

Good luck.
 
Yes, the employer is willing to pay the extra 20k. But how will we let USCIS know about this situation. My employer is even willing to refile the taxes and adjust my pay in the last two years. In this situation which is the best option ... 1 ... Send a letter to USCIS saying that he is willing to pay the rest of the amount now. 2 ... Adjust the last two years pay and refile the taxes.

Pls throw your comments !
 
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.
 
Be Honest and Respect! We all have privacies, but whatever we want to post here should be truthful !
 
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