RFE regarding tax returns

B

bobkris

Registered Users (C)
Hi

I have recently received RFE regarding I-140. They asked me to submit W2 for 2003 and recent paystubs. Also they have asked company tax returns for the most recent one (2003) !

I have submitted W2 for 2002 when applied 140 & 485 concurrently. Attorney said they(INS) need 2003 W2 becaz I have only 31K of pay for the year 2002.

My question is I have 39K for 2003 W2. Will this is a problem. I have on vacation for 3.5 months in 2003 (in India). Should I write a covering letter explains everything. I have most recent paystubs.

Can I also submit my last three months bank statements even though they didn't query to submit them. Plz advise me.

Bob
 
bobkris,

It is unfortunate for you to receive an RFE. The covering letter should be drafted by your Attorney as they are better equipped to do so.

But, before someone could answer your question, could you please let us know what are the wages promised in your Labor certification.

The INS as a rule of thumb looks at the difference between the salary promised and the actual wages paid for the year.

Ideally, the difference should not be more than 5k to 10k. If the difference is in this range, then the attorneys can give a real fight for your I-140 and get it approved definetely.

I think you should talk to your attorney in regards to this. Donot worry, you will be fine. RFEs have become common now a days in the I-140 stage.

Tks
Eppudu.
 
Thanks eppudu,

My salary on labor certificate is 50K. But I was on vacation for 3.5 years in 2003 and I have all paystubs in that year.

I have to see what ill happen next ?

Bob
 
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