RFE Question

S

srraja

Registered Users (C)
I have a question,
I recived RFE last week, it asks for documents like

1 Birth certi
2 emp letter
3 w2 for last 2 years
4 pay stub for last 2 monts
5. all I-797(H1B approval notice)
top 4 are simple documents,
but i am concerned about the 5th one,
i have changed job 5 times in last 7 years
and i had a GAP of 1 month between jobs ,when i was not employed.
the question is , will the gap hurt my prospect of GC?

Please reply.


--SRRAJA(Filed 140 and 485 concurrently)
RD 08/19/2002
ND 09/13/2002
FP1-10/23/2002
FP2- 04/20/2004(sceduled)
RFE 03/16/2004
AD???????:confused:
 
Originally posted by srraja
I have a question,
I recived RFE last week, it asks for documents like

1 Birth certi
2 emp letter
3 w2 for last 2 years
4 pay stub for last 2 monts
5. all I-797(H1B approval notice)
top 4 are simple documents,
but i am concerned about the 5th one,
i have changed job 5 times in last 7 years
and i had a GAP of 1 month between jobs ,when i was not employed.
the question is , will the gap hurt my prospect of GC?

Please reply.

--SRRAJA(Filed 140 and 485 concurrently)
RD 08/19/2002
ND 09/13/2002
FP1-10/23/2002
FP2- 04/20/2004(sceduled)
RFE 03/16/2004
AD???????:confused:
Click to expand...


Did you provide any of these before?
It looks like they want you to re-apply....
 
Yes ,
I had provided emp letter and pay stubs
I am not sure if i was supposed to provide
all H1B approval notices.
also at the time of Filing my 485 i did'nt have my Birth Ceri, so had not submitted it.

but now i have signed affidivates from my folks back home.
which brings me to my second question,
just the affidivates are good enough?
because i could not get No availability Cerit from local authorities in India.
 
1 month gap should not be a problem. A certificate from the local authority in English and affidavits from parents should be enough instead of a birth certificate.
 
thanks for the reply frantic,
But as i said, i could not get the Certificate(non availabilty) from local authority.
will that be problem?
or just the Affidivates will be fine?
 
Why can't you get the certificates from the local authority? In India everything should be possible. Affidavits will not solve the problem.
 
I was asked for all H1B approval letter,s I gave them only most recent one, got approved 5 weeks after RFE. I am not encouraging you give them one instead of many, just feel they wouldn't care that much as long as you have them.
 
Originally posted by srraja
thanks for the reply frantic,
But as i said, i could not get the Certificate(non availabilty) from local authority.
will that be problem?
or just the Affidivates will be fine?
Click to expand...
I believe you need to have the non availibility certificate with 2 affadavits (not from your parents) in order to fulfill the Birth Certificate clause.
As far as your gap for 1 month goes, can you check your approval notices and make sure there is no gap there. Your H-1B's should actually be overlapping each other. As far as USCIS is concerned no gap in H-1 is proof of status. And since they have asked for all copies make sure you send all. You do not want to get a repeat RFE on the same issue.
Best of luck.
 
I(and wife) also did not have birth certificate from local authorities when filing my I-485.
I went ahead and sent the following:
- Affidavit from parents
- Tenth certificate from India which lists date of birth.
- BC from Consulate(which is probably not much good)..

For my kids I had submitted birth certificates since I had the ones for them..

So I was somewhat expecting RFE on birth for me and my wife..

I got RFE on 13th March.
To my surprise:
They have not asked for any further proof of birth from me or wife.
RFE is for pay stubs, tax returns etc.
For my kids they wanted further proof since the BC did not have their names..

I am not approved yet but it seems whatever I had submitted for me is fine(unless I get an RFE later on)..
BTW, I eventually got my birth certificates but it took a lot of effort but my wife's records are not available.
I think, if it is hard to get anything from local authorities, just add a line to Affidavit saying it is not available with local authorities and reply to RFE.. Also check with your attorney.
Not sure if adding the rest of the papers help or not but shouldn't hurt..
 
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