RFE Received - a bit strange: Please advise

A

atlantabhopali

Registered Users (C)
Hello All,

I received the following RFE. Please review and advise on my questions below:

1….Kindly list your employment history since your last lawful admission, to include the name of each employer, dates of employment, primary duties, job requirements, job title, and wage. This should also be accompanied by evidence that establishes your employment history.

Such evidence may include, but is not limited to the following: Form W2 wage and tax statements; pay stubs; cancelled checks (both sides); complete copies of properly filed Federal Individual Income Tax Returns (Forms 1040); or any other documentation which confirms your employment history. This evidence should serve to identify your current and prospective permanent employer and all previous employers since your last lawful admission.

2….Further, please submit a statement from your new prospective permanent employer, which specifies the job title of your new position, primary duties, requirements of the position, wage, and any other terms and conditions of employment. This letter should also be issued by an appropriate authority within the organization that had the ability to confirm the new permanent employment.
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Please advise on the following:

A. When they refer to “last lawful admission" in 1 & 2 – does that means I only need to submit evidence since last entry to US? Note that my last entry was “paroled” on AP in April 2004. Is an entry on AP considered “lawful admission”?

B. I have been working for same employer since I changed jobs in 2003 and informed NSC through AC-21. Should I submit documents related to the current employer only, as it is the only employer since "last lawful admission"?

C. For point 1 – what documents should I submit, since it is only since “last lawful admission”? I have all the pay stubs but will receive W2 statement for 2004 only by Jan 31st. Also, I won’t file tax returns till Feb/Mar, so those won’t be available. Should I (i) just submit pay stubs or (ii) wait for W2 till Jan 31st to send along with pay stubs or (iii) also wait for filing tax return till Feb/March and include 1040 along with W2 & pay stubs?

D. Finally, the RFE begins with "The documentation submitted is not sufficient to warrant favorable consideration of your petition/application". Is this standard for all RFEs? Sounds a bit like a NOID start to me though it is a RFE and provides 3 months for response.

Thanks in advance for your opinions.

regards,

- ab
 
Last edited by a moderator:
Hi atlantabhopali,

I'm also expecting RFE like yours anytime and I also need the answers! BTW can you please post your case details with Labor PD & AC-21 notification (Did you file AC-21 after 180 days of I-485 filing?). Have you worked in the past for the GC sponsoring employer?

Thanks.....
 
Hi,
Here are the answers to your question to the best of my knowledge:

A. When they refer to “last lawful admission" in 1 & 2 – does that means I only need to submit evidence since last entry to US? Note that my last entry was “paroled” on AP in April 2004. Is an entry on AP considered “lawful admission”?
---->Yes, you only need to submit proof after April 2004. Also don't forget to include a photocopy of the Advance Parole which shows your last entry stamp.

B. I have been working for same employer since I changed jobs in 2003 and informed NSC through AC-21. Should I submit documents related to the current employer only, as it is the only employer since "last lawful admission"?
----> Yes. Submit EVL from current employer.

C. For point 1 – what documents should I submit, since it is only since “last lawful admission”? I have all the pay stubs but will receive W2 statement for 2004 only by Jan 31st. Also, I won’t file tax returns till Feb/Mar, so those won’t be available. Should I (i) just submit pay stubs or (ii) wait for W2 till Jan 31st to send along with pay stubs or (iii) also wait for filing tax return till Feb/March and include 1040 along with W2 & pay stubs?
----> If possible do your taxes also and submit current 1040, although this is not mandatiry. Ideally you should submit paystubs, 2004's W2, 2004's 1040 and Employment verification letter for current employer. But at the least do submit paystubs from April 2004 till current and 2004 W2, along with EVL.

D. Finally, the RFE begins with "The documentation submitted is not sufficient to warrant favorable consideration of your petition/application". Is this standard for all RFEs? Sounds a bit like a NOID start to me though it is a RFE and provides 3 months for response.
----> This is standard RFE language. No need to be alarmed or worried. Yours seems like a very simple RFE. Reply with the documents above and you should get approval soon. Best of luck.
 
completely agree with serta2002. To avoid any further probing try and list all your employement history from the time you came to the US along with dates . Provide all W2 and tax returns docs too.

Cheers

Tanjar
 
Tanjar,

Is your case dealt at NSC or TSC, as you said "RFE ack by TSC :27th Dec 2004". Just curious.

Thanks....
 
To atlantabhopali

Did you had your H1B visa with NSC? It appears some jr. officer must have issued this RFE, as you already indicate that you already provided AC21 letter. It is also possible that your AC21 letter must not have been properly filed with your AOS file, hence USCIS must be asking for the letter after they notice change of address to Atlanta... It is really a messed up system...

Good luck.
 
srireddy said:
Did you had your H1B visa with NSC? It appears some jr. officer must have issued this RFE, as you already indicate that you already provided AC21 letter. It is also possible that your AC21 letter must not have been properly filed with your AOS file, hence USCIS must be asking for the letter after they notice change of address to Atlanta... It is really a messed up system...

Good luck.
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srireddy,

Yes, I used to have an H1 from NSC till mid 2003 when I changed jobs using AC-21. I never changed address - have always lived in Atlanta but filed with NSC as my sposoring employer was based in NSC region. Also, I believe they received my AC-21 docs appropriately as the LUD had changed around that time.

- ab
 
I am planning to submit the following documents. Please advise if I am missing anything:

1. Cover letter from my lawyer, stating last lawful admission date and the employment history since then (only 1 employer)
2. AP & I-94 showing last admission date
3. EVL from employer, stating title, duties, requirements, salary, start date, permanency of offer
4. pay stubs since Apr 2004 (last admission)
5. W2 for 2004 (will reply to RFE after Jan 31st - once I receive W2s)

I am not planning to submit tax returns as the 2003 tax returns are immaterial (are pre-"last lawful admission" which was Apr 2004) and I will not have the 2004 tax returns ready by the time I need to reply to the RFE.

Please comment.

- ab
 
atlantabhopali said:
I am planning to submit the following documents. Please advise if I am missing anything:

1. Cover letter from my lawyer, stating last lawful admission date and the employment history since then (only 1 employer)
2. AP & I-94 showing last admission date
3. EVL from employer, stating title, duties, requirements, salary, start date, permanency of offer
4. pay stubs since Apr 2004 (last admission)
5. W2 for 2004 (will reply to RFE after Jan 31st - once I receive W2s)

I am not planning to submit tax returns as the 2003 tax returns are immaterial (are pre-"last lawful admission" which was Apr 2004) and I will not have the 2004 tax returns ready by the time I need to reply to the RFE.

Please comment.

- ab
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I think you covered everything. Only thing you could add is the tax return for 2004, but you said they will not be ready by he time you reply; missing them should not a biggie though.
 
atlantabhopali said:
I am planning to submit the following documents. Please advise if I am missing anything:

1. Cover letter from my lawyer, stating last lawful admission date and the employment history since then (only 1 employer)
2. AP & I-94 showing last admission date
3. EVL from employer, stating title, duties, requirements, salary, start date, permanency of offer
4. pay stubs since Apr 2004 (last admission)
5. W2 for 2004 (will reply to RFE after Jan 31st - once I receive W2s)

I am not planning to submit tax returns as the 2003 tax returns are immaterial (are pre-"last lawful admission" which was Apr 2004) and I will not have the 2004 tax returns ready by the time I need to reply to the RFE.

Please comment.

- ab
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The list seems to be comprehensive to me. If you get all tax documentation, the tax returns can also be sent, just an idea. It won't matter either way. Good Luck.
 
Atlantabhopali

Atlantabhopali

I have received folllowing RFE.

"Submit a currently dated letter from your prospective permanent employer describing your present job duties, position and offered wage/salary. This letter should be original as issued by authorized officer or executive of the organization. This letter must confirm the offer of permanent employment and state whether the terms and condition described in your employment based immigrant visa to exist."

I am a AC21 candidate and found following line in my RFE notice.

If you claim eligibility for AC21, you must submit letter from your new employer describing your job title, duties of position, position's educational/trainning requirements, date you first began employment and wage/salary.

Did you receive any such educational/training requirement in your RFE? How do you handle it.

If possible can you post your EVL here it would really help.

Thanks for your help.
 
kjoshi said:
Did you receive any such educational/training requirement in your RFE? How do you handle it.

If possible can you post your EVL here it would really help.
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kjoshi,

As posted above, my RFE does not specifically asks for "educational/training" requirements but does asks for "requirements" in general. Included below is the EVL i am planning to use:

goodluck!

- ab

-------------------------------------

Employment Verification Letter


January XX, 2005

This letter is to confirm that <name> is employed with us as a <title> (DOT/ONET Code: <ur code>) on a full time, permanent basis since <start date>. <New employer> a full XXYYZZ firm yadi yadi yada <short company description>

Title and Salary: In his capacity as <title>, <ur name> receives an annual base salary of <current salary>. In addition, he is eligible for paid vacation, health and retirement benefits, as well as monthly and/or periodic bonuses.

Job Duties & Requirements: His job duties include - <job description very similar to ETA 750 B (LC) job description>. The position requires a XXYYZZ degree which <ur name> possesses, along with <1-2 other requirements>.

Please feel free to contact us if your office requires any further information.


Sincerely,

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