RFE Question

T

toonarmy

Registered Users (C)
Hi - Have just received RFE for my husband, and have a question on salary I hope someone will have experience of.

His Salary is stil roughly hovering around the LC mark, but because he is a technical sales engineer, he gets paid in addition commissions and bonuses which brings the total considerably higher. He has just been asked for W2s which reflect totals of course.

Should he get the EVL to reflect the salary plus bonuses bit, or should we throw in a few payslips which denote a line for salary and commission (or both) ?

Thanks
 
Hmm .. why could you not include total compensation, including base salary & bonus/tips, in the EVL ..?
 
That sounds..

Like the best solution to me, we dont want to give them more info than they are asking for just incase we open up a can of worms!

Thanks
 
When you say roughly what do you mean?

If it is ~5% inside the mark, then he should be okay. But including commisions and bonuses in EVL is a good idea.
 
toonarmy,
One factor that you might want to consider is the nature of commissions and bonuses. If they are guaranteed every year (say for example bonus is a fixed percentage of your base salary) then that is something you might want to consider adding. On the other hand if they are tied to variable factors such as profitability of your company, then you will not be able to add them as there is no guarantee that it will be paid every year (even though you might feel chances are very small that it may not be paid)
 
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Re: Salary

Originally posted by toonarmy
Salary on LC is $51K - salary now is $60
Click to expand...

20% difference on the upside shouldn't be a problem. Don't submit anything more than exactly what they asked for.
On the lower side have seen people w/ nearly 50% less salary than LC getting approvals.
My 2 cents.
 
Thanks!

.....so much for the advice - the commissions are variable depending on business and the bonus is if the company make a profit - so I think we are looking good!!!!!!!!!

Thanks again.
 
how about if company is making only about 35-50T in profits in the tax returns..will it pose any problem?
 
Good question..

not applicable in this instance (as the big Jaguars and Porsches in the bosses' parking spots will attest ;) ) --- but I wonder what would happen in that instance?? Maybe they wouldnt delve too deeply?
 
Originally posted by toonarmy
Hi - Have just received RFE for my husband, and have a question on salary I hope someone will have experience of.

His Salary is stil roughly hovering around the LC mark, but because he is a technical sales engineer, he gets paid in addition commissions and bonuses which brings the total considerably higher. He has just been asked for W2s which reflect totals of course.

Should he get the EVL to reflect the salary plus bonuses bit, or should we throw in a few payslips which denote a line for salary and commission (or both) ?
Click to expand...

It's not not clear to me what the RFE asked for.
If it asked for W2 (or tax returns), give them his W2 (that refects salary + bonus + commission etc).
If it asked for EVL, then give them a plain EVL.

In general RFEs are clear what they are asking for. Providing additional informations to explain the situation (or to be EXTRA-safe) will only confuse USCIS officers.
 
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Asked for

W2s which state total compensation - nothing more.
Plus an EVL

The "problem" is as stated - total compensation salary plus commission plus bonus, is far higher than the LC.

When the powers that be see that the EVL with the salary stated roughly matching the LC does not add up to the total W2 - this may cause them to query. The concensus here is that a brief explanation may be called for in the EVL.
 
Just checked

with the lawyer... EVL is going to say "salary $60K plus commissions and bonuses" and that will be that she thinks!!!! ;)
 
Re: Asked for

Originally posted by toonarmy
W2s which state total compensation - nothing more.
Plus an EVL

The "problem" is as stated - total compensation salary plus commission plus bonus, is far higher than the LC.
Click to expand...

I don't think that will cause any additional enquiry. Just send them the W2 + EVL stating your salary. I don't think EVL needs to mention about commissions or bonus. My hunch is that they just want to check that he is still employed and earning (and earned consistently in past).
 
Re: Asked for

Originally posted by toonarmy
The "problem" is as stated - total compensation salary plus commission plus bonus, is far higher than the LC.
Click to expand...
20 % is not really that much more than LC specially after 2 years of work experience while waiting for approval. Just answer everything truthfully, don't complicate the case by adding any more information than you need too. Your husband should be getting his approval very soon. Keep us posted.
 
Update

Got a call from the senior partner in the law firm saying they are going to say nothing at all about anything, just give the USCIS what they want -- ie indicate current salary level within the EVL they draft, give them the W2s and copies of the passports--end of story.


You guys were right on the money.... as the Irish say "say nothing and keep saying it!";)

God bless you all and I'll keep you posted!!!!

:)
 
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