RFE reg. W2 - Urgent advice needed

L

larapra

Registered Users (C)
Hi,
My notice date for I-485 is Oct 3rd 2002. Unfortunately I got laid off in November 2002 (< 180 days) and could find a job only in April 2003. I got an RFE now asking for the W2 forms of the past two years, employment letter and recent paystubs. Employment letter and paystubs are not a problem but my concern is as follows:

In my new job, the work description is the same as that specified in labor but a part of it is given as perdiem as I need to travel. This perdiem part is not reflected in the W2 form i got this year. Hence the salary shown in the W2 of this year is very much less than that shown in the year 2002. Also, I got laid off before the 180 days period. Iam very much worried now about this.

Could anyone please help me out with any suggestions? My new employer will help me out with any documentation I need. Has anyone been in this state?

Your suggestions would be of great help.

Thankyou very much in advance.
 
which service center is this?

I don't think this is a big deal in this case.
and you can do nothing more for it at this point but file all the docs
to USCIS ASAP. just consulant your attorney and be prepared if USCIS
question you about employment period which should be stated in EL..

could you let us know which service center is this? VSC?
 
The lawyer should advice you on all this.
1. The RFE you have mentioned does not ask for when you joined the current job or when you left your last job. You can correctly mention when you joined your current job- since that was after 180 days of RFE you 'should' be OK.
The W-2s may show less income- but in the 485 stage they are more interested in 1) working legally rather than not working 2) Having a permanent- similar job. So you would be OK if you currently have a proper permanet job.

2. The fact that you were laid off but the employer did not revoke 140/485 etc- that means your past employer continues to support your case- so you are fine.

3. When you were out of job if 485 was pending you were still in status- you you are absolutely fine.

4. Per-Diem salary etc: Your employemnt letter can indicate your salary structure includes per-diem- BCIS should not have an issue with it. Also salary should be similar- not the same - so slightly lower etc are also OK. There have been some opinions that salary does not matter at all- I am at least not of that opinion. Regarding travelling etc- should not matter- your job content does not change just because you travel.

HTH
 
hqusa and sb_tiger, thankyou very much for the reply. That gives me some consolence. I was actually very much worried.

hqusa, my case is pending with VSC.

When I send out my W2 for 2003, I don't have a W2 from my previous employer. Since my employment letter would state that I joined my new employer from April 2003, will the INS be expecting a W2 for the period of Jan-Mar 2003 from the previous employer too?

I have one more concern, the RFE came to my previous company lawyer and he is asking for an amount of $2000 to reply for this RFE. I feel this amount is on the higher side. What do you think about the fee, is that okay or do I need to hire another lawyer to reply to my RFE?
 
W-2 is only for annual periods not monthly- it does not show months.
You can get rid of the old lawyer by filing a new G-28 thru your new lawyer- it is best to have a lawyer. So all correspondense will come to new lawyer. You can file G-28 in your own name also- if you don't want to use a lawyer.
HTH
 
Hi sb_tiger,
Thankyou very much for the suggestion. I will look for another lawyer to take up my case, probably I can ask my new employer's lawyer.

What I meant by INS expecting W2 from my previous employer for this year is that, if INS is under the impression that I was working for a few months with my previous employer in 2003, then I need to produce W2 from my previous employer for 2003, which I can't do. Should this be a problem?
 
larapra


I wish you all the best. You seems safe, yet play safe. and keep us posted as to how your case goes forward.

hqusa and sb_tiger have given you very good advice.
 
INS only wants W-2s- it does not know who you work for or when. It only tries to see if you were working and if working illegally.
HTH
 
Hi sb_tiger,
Thankyou very much for all the suggestions. I will keep you people posted about the updates in my case.

Cheekoo, thankyou for the wishes, I definitely need them.
 
Working legally

Originally posted by sb_tiger
INS only wants W-2s- it does not know who you work for or when. It only tries to see if you were working and if working illegally.
HTH
Click to expand...

I have a question. If one has EAD, what could cause one works illegally?

I don't understand why INS wants to see w-2 if it is not for income related. My understanding is that one can even stay home during AOS but the important is that one needs to have a job by the time reply RFE.
 
lisansw,
Technically you are right. But not having job for extended period raises eyebrows- no big deal- as long as you have a proper permanent job @RFE/adjucation time.
HTH
 
i am in similar situation

I am in a similar situation, i lost my job on may 7th 2003 and worked as a consultant from july2003 (20th), and then changed my job on aug 7th 2003, my salary was 20% less than my LC. My papers are still with my previous companies autorney.

RD: sept 27
ND: oct 23
FP: Dec 3rd

Larapra, when you get a chance please let me know if you found a good lawyer as i am looking for one. If possible can you let me know what are your RD/ND/FP, so i can guess about my processing date. Also if you have any updates with your processing

Sb_tiger,

Your clarification regarding w2 made me feel a bit better as i was a lot worried about it earlier ( my last years income is 20% less than previous).

When you have a minute can you please let me know, if 20% salary diff is reasonable or too bad (100k in LC, currently getting 80K). If not may be i will start searching for a job again to see if i can get anywhere nearer to it.

Thanks
 
Last edited by a moderator:
Hi am_i_ac21,
My I-485 info is as follows:
RD - 09/23/'02
ND - 10/03/'02
FP - 11/12/'02

My current employer's lawyer has agreed to reply to the RFE I got. Iam sending him all the documents required. I got all my documents relating to GC from my previous employer's lawyer.

I will keep posted if there is any progress in my case.

Larapra.
 
am_i_ac21,
It is generally belived the salary should be similar, but there is a lot of opinion salary should not matter at all. 20% lower salary should be fine. Job title/description etc are more more important- again- 'similar'.
HTH
 
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