RFE Question

W

WaitedTooLong

Registered Users (C)
Hi,

I got two questions regarding RFE.


1. I have passed 180 days, since 485 applied. I don't have
a job now. Is it fine, if I get job after I get RFE.

2. If the company is small with 4 employees, is it fine.

Thanks
 
Re: RFE

In response to your questions:
1. There will be 3 months to respond to RFE. But you may need atleast 3 pay-stubs (1.5 months of job). So, trying for job, if get RFE is not a good idea. Though, it is little tough at this economy, the best thing you can do is to find a job ASAP. You are in status now, because AOS is in process and you can work with EAD (if you have one). Otherwise you may have to get H1 sponsored, which will be tough.

2. Small company does not matter, provided working in a similar area filed in Labor Certification. But they should be able to provide employers tax info. etc. if RFE needs that.
 
Question for Nell02 and other Gurus

What about salary?

What if company agrees to hire you currently for a lower salary (than mentioned in your GC application) but will increase your salary on approval of GC. I mean what if in reply to RFE, your paystubs show a lower salary and the EVL promises a higher salary. Will that work?
 
nell02 is right

As long as your job responsibility is similiar to the original one, you will be safe. It doesn't matter how big is your comapny.

I guess INS officers knew how bad the economy here right now.
 
An additional comment

I got RFE myself and it asked for:
- three latest paystubs
- tax returns for last two years
- company's financial statements for the last two years, company's tax returns, etc if the company hires less than 100 people
- and if I were unemployed for any period within the last two years, they wanted to know how I was able to afford the cost of living

If you have any choice, try to find a job with larger company just in case you receive an RFE. It may be hard to get all the requested information for a smaller company.
Hopefully you won't get RFE after all. Best of luck,

- Dom
 
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