Urgent!!Help on RFE, thanks, gurus...

B

BlueRib

Registered Users (C)
I got RFE for last 2 w2, and EVL.

I changed job after 2 month I filed I-485, there is a less than 20 day gap. I'm still working with the second company with same title and same salary.

But the problem is: I have 2 w2 forms for year 2001, one is from the original company, another one is from the company I'm working at now....

Should I send INS all the 3 W2 I have?


wac02043,

ND Oct, 2001,
Start date at company B, Dec,2003.
 
Slightly confusing post, here is what I understand of it:
1. You changed jobs 2 months after filing for 485
2. You have 2 W2's for 2001 and 1 W2 for 2002

Then based on above, you need to send 3 W2's to INS, when INS asks for last 2 W2's they mean the earnings statement for the last two years. Not literally 2 W2's.

It so happens that you have 2 W2's for 2001, then so be it. Send it in along with the W2 for 2002.

Good luck, and keep us informed. Don't feel shy about supporting the fax campaign to speed up 485 approval process! (link in my signature file)
 
can you change job in 2 months ?

can you change job in 2 months of filing 485? i doubt that .. what
does your lawyer say. Did your previous employer withdraw 140 ?

I am not sure but this could be a problem.
 
Your understanding is totally correct, 140_forever.

So far, all the doc my attorney has been filed, including the job change letter didn't really mention the starting date at the second company, he is avoiding to talk about that.

IF I file 3 w2 forms( 2 for 2001 ,and 1 for 2002 ), it will be a sign for INS that I changed job before my I-485 pending for 180 days.

Is that a problem?
 
Its tricky but avoid sending 2W2's for 2001 as that would expose that you quit<180 days.
There is no way of UCIS finding out as the IRS is not connected to INS . One key question did you have an EAD when you quit? That can change the situation.



Just send 1 W2 per year. Worst case you will get another RFE. But in my opinion its the best approach. Another thing when you send your AC21 letter , let the start date with company B be 2002 on the letter and not 2001, . You have to be very careful with your documentation. I think you made a big mistake joining company B in 2 months should ahve waited for 180 days.

Also pls post your RD and ND
 
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I didn't apply for EAD, I'm still in H-1B.

RD, Oct, 2001,
ND, oct, 2001.

Anyone has heard about Carl Shustman? Is he a good attorney?

Any more suggestions?

thanks, soumy
 
1. Send all the W2's. Among other things, INS also wants to see if you were not out of status by looking at your total earnings.

2. I see no problem leaving the job within 180 days. INS did not bother to adjucate your case within 180 days (this could have been a problem if they had).

3. Consult with an attorney before taking any step, one way or other.
 
Originally posted by Soumy
But in my opinion its the best approach. Another thing when you send your AC21 letter , let the start date with company B be 2002 on the letter and not 2001, . You have to be very careful with your documentation. I think you made a big mistake joining company B in 2 months should ahve waited for 180 days.
Click to expand...
Actually there is no problem in leaving the company inside 180 days as long as the company does not withdraw the underlying 140 or inform INS.

Since adequate time has passed since the AOS filing, BlueRib is perfectly justified in sending all 3 W2's. Without any repercussions of changing his job under AC21.

I wouldn't advise anyone to lie or cheat to INS. The repercussions of such an action IF caught are terrible.

Offcourse his attorney is the RIGHT person to make a call in this situation.

Good luck!
 
You might also want to consider Rajiv Khanna, who has definitely been extremely helpful to all of us in planning our strategy to take on the might of BCIS. He seems like a very smart, dedicated and good lawyer.
 
As long as your previous employer is ready to continue your GC and you dont want to use AC21, I think you are fine.

But if you want to use AC21, as others mentioned you should be be careful with your documentation.

I would say do not lie but do not give any unnecessary info. Give whatever satisfies INS.
 
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