URGENT: RFE response advice needed

S

still_waiting11

Registered Users (C)
Hello all!

I was informed today by my company's law firm that they have recieved an RFE for in connection with my I-485 application. The USCIS is requesting a current letter from my employer detailing my responsibilities and salary and copies of the last three months of my pay stubs.

Petition situation:
The Labor and I-140 were filed for a Manager doing XYZ and making $85,000.

My situation:
I am currently a Manager doing exactly XYZ, but due to market situation, I make approx 5.5% less than the 85K mentioned on the LC & I-140. :(

Any suggestions on how to respond to the RFE?

FYI, My boss/manager/VP is not willling to increase my pay.

Thanks,

still_waiting11
 
As far as I remember the many discussions in this forum, reduction in salary may not be a problem if it within reasonable range. Your salary decrease looks like not much and hopefully it should be alright.
 
Yes, the salary reduction is very small in your case. I would worry too much about it. Best of Luck.
 
Another question (or two?)

1. Would it be a good idea to write up the Employment verification letter with the bonuses I recieved last year, plus the guaranteed life insurance that my company currently provides (which is equal to my compensation)???

2. I was offered a position by another company a few days before I recieved my RFE, and I was actively pursuing that. However, after recieveing the RFE, I am not sure how that plays into the picture. FYI, the other company is willing to pay the salary on the LC/I-140 or more. Does it matter if my current company responds to the RFE, but before I hear from the USCIS I move to this new company? What are the pros/cons in this case?

My info:
ND: 06/24/2002
RD: 06/25/2002
FP1: 08/14/2002
FP recd: 08/21/2002
FP2: 12/23/2003
RFE: 02/25/2004
Currently on 2nd EAD and AP.

Thanks,

still_waiting11
 
Originally posted by still_waiting11
Another question (or two?)

1. Would it be a good idea to write up the Employment verification letter with the bonuses I recieved last year, plus the guaranteed life insurance that my company currently provides (which is equal to my compensation)???

2. I was offered a position by another company a few days before I recieved my RFE, and I was actively pursuing that. However, after recieveing the RFE, I am not sure how that plays into the picture. FYI, the other company is willing to pay the salary on the LC/I-140 or more. Does it matter if my current company responds to the RFE, but before I hear from the USCIS I move to this new company? What are the pros/cons in this case?

My info:
ND: 06/24/2002
RD: 06/25/2002
FP1: 08/14/2002
FP recd: 08/21/2002
FP2: 12/23/2003
RFE: 02/25/2004
Currently on 2nd EAD and AP.

Thanks,

still_waiting11
Click to expand...

I would think that u should pursue the other offer and take it too. Do u all the papers? whose lawyer is it? If ur own lawyer and u have all the papers, then it shouldn't be a problem. Anyway, wait for more suggestions.
 
Originally posted by still_waiting11
1. Would it be a good idea to write up the Employment verification letter with the bonuses I recieved last year, plus the guaranteed life insurance that my company currently provides (which is equal to my compensation)???
Click to expand...

It is not you, but your company attorney will be sending the employment letter and '5.5% less' should be fine.


Originally posted by still_waiting11

2. I was offered a position by another company a few days before I recieved my RFE, and I was actively pursuing that. However, after recieveing the RFE, I am not sure how that plays into the picture. FYI, the other company is willing to pay the salary on the LC/I-140 or more. Does it matter if my current company responds to the RFE, but before I hear from the USCIS I move to this new company? What are the pros/cons in this case?
Click to expand...

Whether to take another job or not is entirely up to you. You can switch jobs any time (after 180 days of 485 pending) by invoking AC21 as long as the title and description are same or similar. And you can do this even after responding to RFE.
 
Regarding salary less than what stated in LC.

Considering the difference, what if the current salary is 1/3rd of what mentioned in LC?
Any advices how to go about it as far as answering the RFE for
W-2's, employment letter, Tax returns and pay stubs.?

Thanks
 
people didn't have prob. even with 50% salary than LC

Originally posted by munnabhai02
Regarding salary less than what stated in LC.

Considering the difference, what if the current salary is 1/3rd of what mentioned in LC?
Any advices how to go about it as far as answering the RFE for
W-2's, employment letter, Tax returns and pay stubs.?

Thanks
Click to expand...
 
other factors

Originally posted by munnabhai02
Thanks OMGV
Here i am taking about 35% of LC and not 50% of LC.
Thanks
Click to expand...

% can be misleading, depends on actual amount. 70k instead of 200k shouln't be a prob. 20 for 60 woul be. So, it depends.
 
OmGV,
Thanks
Yes it is 20K of 60K, unfortunately.
I have been always bringing up this point to my lawyer too.
I was told that change the employer, but could not get a job.
Now even if I change the employer and get a new job offer letter, is it going to help me?
I have to submit W-2 and tax returns for last 2 yrs excluding 2003, which I have not filed so far.
The story in short, as per my lawyer, I am out of status.
I do not understand what to do at this point.
 
Originally posted by munnabhai02
OmGV,
Thanks
Yes it is 20K of 60K, unfortunately.
I have been always bringing up this point to my lawyer too.
I was told that change the employer, but could not get a job.
Now even if I change the employer and get a new job offer letter, is it going to help me?
I have to submit W-2 and tax returns for last 2 yrs excluding 2003, which I have not filed so far.
The story in short, as per my lawyer, I am out of status.
I do not understand what to do at this point.
Click to expand...

How is that you are out of status, in my knowledge, you should get the salary mentioned in employment letter, AFTER you get the GC, not before. Am I wrong?
 
Thanks Telangana
You are absolutely right about salaries post GC.
But what I am being told is that the current salary should be atleast greater than or equal to the LCA of H1B, if not LC of GC. I am not close there too.
For eg:
LC of GC : lets say 70K
LCA of H1B: 40k
Current : 25k

I have no idea whatsoever what my lawyer is taking about.
 
Originally posted by munnabhai02
Thanks Telangana
You are absolutely right about salaries post GC.
But what I am being told is that the current salary should be atleast greater than or equal to the LCA of H1B, if not LC of GC. I am not close there too.
For eg:
LC of GC : lets say 70K
LCA of H1B: 40k
Current : 25k

I have no idea whatsoever what my lawyer is taking about.
Click to expand...

It is better, you contact another attorney to get a second opinion.
 
In addition to second opinion

..... see if u can get a valid reason for not working a few months, say 4-5 months, so that u bring ur salary level for the whole year to atleast prevailing wage level [which is pretty low, for e.g., in CA bay area, it is 45K]
In US it is legal to take time off for maternity[Yes, that is correct, even male spouse can avail this], medical reasons and others. Document that u have taken leave of absence, without pay, it might help.
 
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