RFE received - a unique situation- Rajiv, please read this.

S

smg

Registered Users (C)
Hi Folks/Rajiv,

After more than 2 years of waiting in 485, I finally received my RFE asking for :

1. 3 yrs 1040
2. last 3 paystubs

But, my case is a very unique. I had been on medical leave for medical reasons the past 1 year and just recently got back working for my employer. I am wondering if they will just blankly look at my pay stubs and 1040s and assume that it looks too low and send out another RFE or deny my case....I was on disability insurance and getting peanuts on leave... I am planning to also include a EVL even though it was not asked....

Another complication is, due to my poor health, my employer is conspiring to terminate me or asking me to voluntarily resign within the next few weeks.. It is just not fair....but I guess life is not fair..


Has there been anyone in this situation??? Do you think there is any hope???? Or is there any provision for people in my predicament????

I would greatly be interested in getting your responses/input to this case.

Have a good day,
WAC02097*****
 
Hey Guys,

C'mon....No replies so far.....This question is not just for Rajiv....you can also contribute. I'm hoping that there is someone with a similar experience or knows of someone with the same. Would really appreciate your replies...

Thanks
 
Negotiate with your employer to kepp you for a few more days. Your approval is around the corner. If health is the only reason he is wanting to terminate you, you can easily convince him.

On the termination issue itself, I am sure you can threaten legal action. There will be a lot of ifs and buts here, because he can, I guess, terminate you if you cant perform with the health problem or if it contagiuos.

BUT GET YOUR GC FIRST. If he doesnt want you big deal. With a GC at least you can try other places easily and without worries.
 
smg,

Current paystubs and low W2's should not matter, GC is for future employment and not current. As long as you can provide an EVL, you should be okay. If your lawyer thinks it will help, then provide a medical certificate or affadavit stating that you were on medical leave for a few months due to such and such illness.

Good luck!
 
smg,

also make sure that your illness won't impact your GC -- I mean in form 693 ( medical exam ) they check you for different medical conditions - the doctors have a handbook to watch for specific stuff.
Atleast make sure yours is not in that list before sending info to USCIS about ur medical condition - they didn't ask for that - don't volunteer info that has a chance of harming ur case.
 
max2k1,

You miss understand 693, you cannot be denied a green card based upon your medical condition. The only thing you might have to do is show funds to take care of any eventualities in case of serious diseases. All they want is to ensure that you won't end up costing them extra money to pay for your medical condition.

But while I agree that there is no reason to volunteer any kind of information, I see no reason to lie if asked.
 
smg,
I empathize with your situation. I had a close friend who was on disability for a year and is trying to extend the disability due to the continued bad health. Luckily, my friend's GC came thru during this period.
If you are not fully functional, you can still go back on disability since your case seems to be genuine. Also, you can negotiate with your employer for a temporary reduction in duties TILL YOUR HEALTH IMPROVES. The condition"till health improves" is important. This will frame the case, incase of future RFE, in a way that there is no permenant change in duties, but a temporary conditional one. Despite this, if the employer just does not relent, keep a record of all this correspondence with your employer in a personal mail account and if they terminate you and you are totally helpless, you can sue on discrimination clause .
Personally, I think by going back to work when you are not fully fit, you are undermining your own case. You should extend your disability to long term disability and be on medical leave till you get fully fit.
Consult with a lawyer, if you can appeal to USCIS director on humanitarian grounds with all evidence. If your GC comes thru, you can get social security disability benefits even if your employer terminates you. BEWARE though, getting all these disability including social security, long term disability IS NOT EASY AND YOU WILL VERY THOROUGHLY SCRUTINIZED BY THE GOVT, INSURANCE companies and scoundrels such as disability benefit providers.
All the best and may god bless you with good health and good future.
 
Last edited by a moderator:
Originally posted by 140_takes_4ever

You miss understand 693, you cannot be denied a green card based upon your medical condition. The only thing you might have to do is show funds to take care of any eventualities in case of serious diseases. ...
Click to expand...

This is what I found on the subject of Medical Exams

====
II. MEDICAL HISTORY AND PHYSICAL EXAMINATION
A. SCOPE OF THE EXAMINATION The purpose of the medical examination is to determine whether the alien has 1) a physical or mental disorder (including a communicable disease of public health significance or drug abuse/addiction) that renders him or her ineligible for admission or adjustment of status (Class A condition); or 2) a physical or mental disorder that, although not constituting a specific excludable condition, represents a departure from normal health or well-being that is significant enough to possibly interfere with the person's ability to care for himself or herself, or to attend school or work, or that may require extensive medical treatment or institutionalization in the future (Class B condition).
====

So Class A conditions actually make the person ineligible for AOS.
 
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