RFE question

[gcard2002]

When BCSI sends RFE regarding employment letter, are they asking for just 2 to 3 paystubs or W-2's since I-485 was filed or paystubs for the entire period since I-485 was filed.

I would appreciate if guys who received RFE post some useful information. This would really help others who are having gaps during company change.

 

[d1203]

No fixed rule

There's no fixed rule. In some cases NSC has just asked for employment letter, in some case last 2/3 paystubs, while for others they ask for all paystubs or W2 since filing.

It totally depends on the officer who's handling your case. But the whole spirit behind AC21 is that you can lose your job while on 485, be unemployed for a couple of months and take up a new offer.

As long as you have a valid job when the RFE has been issued, you should be fine. But please make sure you have a good lawyer to handle your case.

I also know of a person, who got a RFE for employment. At the time , he was umemployed. so he figured that all was lost, packed his bags and left US. He did not even attempt to reply to the RFE. A month after he left, he got a letter from BCIS to attend a local interview as they wanted to re-consider his case and see if something could be done. This from the BCIS we all criticise on a daily basis!!

So chill, relax and do not give up without a fight

 

[Sankrityayan]

Re: No fixed rule

The paystubs/tax returns are usually meant to establish whether the applicant has adequate resources as to not be a potential ward of the state.

Originally posted by d1203
.... As long as you have a valid job when the RFE has been issued, you should be fine. But please make sure you have a good lawyer to handle your case.

I also know of a person, who got a RFE for employment. At the time , he was umemployed. so he figured that all was lost, packed his bags and left US. He did not even attempt to reply to the RFE. A month after he left, he got a letter from BCIS to attend a local interview as they wanted to re-consider his case and see if something could be done. This from the BCIS we all criticise on a daily basis!!....

There are two aspects, among others, that INS seeks to establish when approving employment-based AOS applications:

1. whether the proferred job is still available
2. evidence that the applicant has enough financial resources to keep himself/herself and family from becoming dependent on the state

A current job helps establish the latter and has little bearing on the former. It may perhaps help psychologically by influencing the perception of the adjudicators but not legally, anyway.

On your friend's situation, I believe there is legal precedent that would support the contention that requiring proof of a proferred job is legal only if such a request is made by the INS within a reasonable period from the time the application was filed. So, if the proferred job offer was available for a reasonable length of time after the filing of the application, but was withdrawn because of changes in economic conditions that have nothing to do with the abilities of the applicant, the applicant would still be eligible for adjustment as long as s/he can clear the 'ward of state' requirement. So, just for the benefit of others here, if one is willing to be persistent, has a clear goal of immigrating to the US, and has the services of a hard-working, clear-thinking lawyer instead of the form-fillers we encounter mostly, there is no need to abandon and leave.

In any case, let us know how s/he did in the interview and how helpful INS has been.