RFE Question - WAC-02077

L

lsamp

Registered Users (C)
Guys,
Lawyer received RFE about 15 days back for EVL, 3 years W-2, 3 Paystubs and company tax return. I knew about this just this morning - no change in LUD or message.

I will be sending out all the information to the lawyer tomorrow and will file AC21 along with RFE response.
two years back i was unemployed for 7 months (low amount on W-2) and present salary is 9% less than mentioned in LC.

I think salary should diff should not be a problem in AC21 cases, but just to double check can this salary difference be a source of problem now?

Thanks.
WAC-02-077
12/26/01
 
If you are currently employed in same or similar occupation, there is no issue. 9% lower salary should not matter (I have seen posting on this board where salary was much lower and USCIS did not complain).


lsamp said:
Guys,
Lawyer received RFE about 15 days back for EVL, 3 years W-2, 3 Paystubs and company tax return. I knew about this just this morning - no change in LUD or message.

I will be sending out all the information to the lawyer tomorrow and will file AC21 along with RFE response.
two years back i was unemployed for 7 months (low amount on W-2) and present salary is 9% less than mentioned in LC.

I think salary should diff should not be a problem in AC21 cases, but just to double check can this salary difference be a source of problem now?

Thanks.
WAC-02-077
12/26/01
Click to expand...
 
Last edited by a moderator:
thanks

thanks for the response. makes me feel a lot better.

yes, my job responsibilities and designation is the same as mentioned in labor. only thing difference is that my present company now falls under travel / leisure / hospitality which pay lower than core IT companies like Computer / Chip manufacturing etc.
 
How are the adjudicators giving RFE to some and No RFE for others.
ISAMP, did you change your address, location when you changed jobs?. or is there a way they find about the company layoffs??

What do you think guys? how they might be making a judgement on giving RFE's??
 
you never know, I am still with the petitioning company, but I got RFE for paystubs, w2, taxes. At the same time, I noticed here a couple of cases when people sit unemployed but got clean approval no questions.
 
gc-02 said:
How are the adjudicators giving RFE to some and No RFE for others.
ISAMP, did you change your address, location when you changed jobs?. or is there a way they find about the company layoffs??

What do you think guys? how they might be making a judgement on giving RFE's??
Click to expand...

i have moved a couple of times and i have always filed AR11 and called national 800 number to update address on my file. That might have triggered the RFE.

Also 4 employees from my company have received RFE, one after another.
 
Looks like your company had major layoffs?? or that all of 4 who got RFE did change location?? Just trying to find out if there is any link between RFE's generated due to Location change or Layoffs.....
 
all 4 worked for a medium sized desi consulting company when 485 was filed. then everybody moved on with their careers and except me, other three did not even change their address. we all left voluntarily. do not know if there was any lay offs or not.
 
Problem is probably the company's perceived/possible illegal activities. With the way the desi consulting companies explore loophopes and try to circumvent the law there is no doubt that INS is suspicious of their activities, and the poor employees are paying the price.

Personally know of two desi companies where the owners are in hiding from the law. Bloody morons make money hand over fist, but still want to save that extra dollar. It destroys the credibility of all the other companies in the genre by theory of transitivity.

Hard luck Isamp, but now that you are with a different company, I am sure you will not be stopped. Looking forward to seeing your approval in the approval thread in the next month. :)
 
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But then 140, how does the INS know about any company' activities?? ...there are tens of 1000's of companies.
 
I assume the paperwork submitted while filing paperwork, usually I140 process, which details the company finances and number of employees, etc.

It could also just be random checks instituted against companies that don't have a big name recognition or low annual incomes or only H1 employees. Not sure how it works, but apparently there is a method to their madness.
 
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140_takes_4ever said:
Looking forward to seeing your approval in the approval thread in the next month. :)
Click to expand...

thanks. i hope to see the approval soon too.

To respond to RFE, I have received annual report, company broshures and earninngs estimate from HR. now waiting on lawyer to send me an employment letter (electronically) that i can print on company letterhead and i already have copies of paystubs and w-2 ready.

lawyer is charging 800 bucks - i could have doen it myself, but decided not to - hopefully the last GC releated expense.
 
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