Urgent RFE issued with very bad tax returns - Please help :(

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crazy_newjersey

Registered Users (C)
Hi Guys
As many of our guys I work for a desi company and out of project most of the time. When I filed my labor I was doing good and I ended up having 75k as salary in my labor. But unfortunately I made 41k and 38k only in the past two years.
Now I have got an RFE for tax returns. This is about 50% less than my labour and my lawyer is hesitating to reply to RFE. Please help me with the following questions.
1) Has anybody ever faced with such a big difference in tax returns ?
2) Can I add my recent paystubs or something to enhance my chances of getting approved ?
3) If my lawyer refuses to respond do I have any other alternative ?

:( Please share your thoughts.
Thanks

RD 11/15/01
ND 12/07/01
RFE 05/09/03 for last two years tax returns.
 
crazy_newjersey,

1) No personal experience. But have read postings in this forum who have got approved in similar situations.
2)No harm in sending the paystubs along with the tax returns.
3)Don't even think about not responding to the RFE. That is abandoning the GC. You have to respond. If lawyer refuses, fire the lawyer and hire a new one.

What does your lawyer think? Is it some kind of Satyagraha by not responding to RFE.
 
I have seen many approvals on this post who had w2 s much less than thier labour. They replied to the rfe giving them the correct details and BCIS appreciated the clearity of the case and granted the Approval.

I would suggest you to go ahead and send whatever you have with the current stubs. They know the economic scene and approve you without any problems.


Best of Luck



my 2 cents
 
Hi I have a suggestion for you.

It's not at all a problem.

You can show Unpaid LOA (leave of absense) for the period which you haven't worked. Your employer didn't pay because you applied for LOA. More over you are elegible to take unpaid LOA (Submit ULOA also ).

By the way dn't forget to submit the last year 1 or 2 pay stubs. That shows your periodic earnings (for example: 15 days --- $5000 ).

Just find out about this with your attorny and let us know.

Don't worry every thing will be normal....
Fire the attorney and hire new one. Don't pay him any thing tooo.


I hope this helps

You need to submit:

1. W2 2000 (Tax filings)+ Pay stubs + ULOA for the gap
2. W2 2001 + Pay stubs + ULOA for the gap.
3. W2 2002 + Pay stubs + ULOA for the gap.
4. 2003 6 pay stubs
5. ...etc
 
Last edited by a moderator:
i agree with the posts above.

you have nothing to loose by replying the rfe. not replying it, you will for sure loose eveything...

best luck!!
 
As GC is for future employment

I would think just quoting the right amount of salary( labor equivalent) in the employment letter for future employment would be sufficient. I don't think you can wait longer than 90 days to reply for RFE. Send the papers and hope for the best. My personal opinion onyl. You might want to consult a good attorney.

Good luck
 
Going by the recent trend at VSC, there should not be any problem for your approval even though the current salary is very much less than the LC salary. VSC is very lax on this issue, though we are all afraid of this situation. Even i face exactly similar situation as you (my turn will come after 6 months or so).
You should not change your lawyer just for sending your W2 forms and pay stubs. It will cost you lot of money. Convince your lawyer that you have talked to many people who got approval recently after submitting pay stubs and Tax returns with smaller salaries.
One more thing is don't give more(excess) information like Leave of Absense. Don't try to be defensive. The letter from your Employer need to be drafted carefully. Since GC is for future employment, as long as the letter says that "he will be payed $75000 as per LCA lablala , then there is no problem. Then the ball will be in BCIS court whether or not to send another RFE asking your company why they are paying you lesser salary now.
If such an RFE comes , your comapny can talk about current deteriorating market and salary conditions through out the country and argue that they are no exception to it. They can say that "How ever we are committed to paying the Salary mentioned in LC, after the GC is approved. I think that the BCIS wants to play it safe by approving the case rather than issueing one RFE after the other and dragging each and every case. They know that they can't win these cases ultimately.
I wish you good Luck. Keep us posted when you get your approval.
 
check with lawyer why he wouldn't

respond, he is not vouching that he will be paying the salary and you are not asking him to lie, you would be submitting right w2/1040's so it should not be an issue for him. and as otheras have said not responding is not an option for you.
Hope you get approved soon and your lawyer gets some sense and responds to the rfe in timely manner. One more thing whatever you send to the lawyer send it thru fedex or registered post so that you have proof that you sent the stuff to him in time, in case he wants to forget filing.
 
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