2013 RFE Frenzy

[kpt112107]

RFE is to prove "Continuous emplolyment. Following documents needs to be submitted.

1. All EAD cards for you and your spouse;
2. All H-1B and/or H-4 approvals for you and your spouse since date of filing 485;
3. I-94 from passport - the white card - for you and your spouse;
4. 2 recent passport size photos for you and your spouse;
5. Current home address;
6. If you travelled on AP - then All AP docs for you and your spouse;
7. If you are NOT working for the Petitioning employer - then you will need to file AC21. Please confirm whom you are employed by. AC21 requires an additional legal fee;
8. 3 recent pay stubs for you;
9. W-2 for 2011 and 2012 for you;
10. Legal fee as per the attached invoice.

Got RFE for myself & dependent as well. I will post the reason for RFE once after I received notice.

FYI: Got first RFE on 2 Mar 2012 (for BC, even we kept all documents with application itself) and replied on 23 Mar 2012. Status changed to "Response under review". All of sudden we got RFE today again.

[indiani]

RFE is to prove "Continuous emplolyment. Following documents needs to be submitted.

1. All EAD cards for you and your spouse;
2. All H-1B and/or H-4 approvals for you and your spouse since date of filing 485;
3. I-94 from passport - the white card - for you and your spouse;
4. 2 recent passport size photos for you and your spouse;
5. Current home address;
6. If you travelled on AP - then All AP docs for you and your spouse;
7. If you are NOT working for the Petitioning employer - then you will need to file AC21. Please confirm whom you are employed by. AC21 requires an additional legal fee;
8. 3 recent pay stubs for you;
9. W-2 for 2011 and 2012 for you;
10. Legal fee as per the attached invoice.

why not just send the ONLY evidence asked, why volunteer others.,

EVL+ EAD should be enough ( if H-1B is present that can be added )

[kpt112107]

I don't know. I just provided whatever list given by attorney. (One more thing is...they are going to get EVL from Employer)

why not just send the ONLY evidence asked, why volunteer others.,

EVL+ EAD should be enough ( if H-1B is present that can be added )

[san312]

Hi

Anybody in DC area or NOVA got RFE letter in mail, do I get a copy or both me and my attorney will get a copy.

Thanks

[druvraj]

I don't know. I just provided whatever list given by attorney. (One more thing is...they are going to get EVL from Employer)

Guys,

My lawyer is charging me $750 to process RFE for my wife and I. Are other lawyers charging and if they are would like to know how much if possible.

[kpt112107]

My attorny charging $250 each..

Guys,

My lawyer is charging me $750 to process RFE for my wife and I. Are other lawyers charging and if they are would like to know how much if possible.

[NOV2007]

Kpt112107,

On your first RFE why did USCIS ask you for "Photocopy of BC"? wasn't this sent for the first time when your I485 was filed?

My attorny charging $250 each..

[RRRRRR]

Hi All,

Any idea if the recently issued RFE's related to I485 come to the applicant or to the lawyer or to both. Thanks

[kpt112107]

I kept all stuff with initial applications. Still they asked for both of US. Even attorney said that "USCIS does this lot of times...but no option to us except responding." Got latest affidavits from India and submitted along with DL, PP page & 10th marks list.

Kpt112107,

On your first RFE why did USCIS ask you for "Photocopy of BC"? wasn't this sent for the first time when your I485 was filed?

[kpt112107]

In our case, both times it went to attorney only..

Hi All,

Any idea if the recently issued RFE's related to I485 come to the applicant or to the lawyer or to both. Thanks

[RRRRRR]

In our case, both times it went to attorney only..

Thank you, i am reading mix responses, sometime it goes to attorney and sometimes to both. I am not sure if it is based on the information which is needed.

[kingvish]

I go the same RFE for both me and my wife asking for continuous employment verification letter.

I have some questions:

I changed my job after I got my EAD from Employer A (I140 sponsor) - B (after 180 days pending AOS) - C (after 45 days). Currently working for Employer C using EAD. Do I need to provide a EVL for Employer B too? Should the offer letter be sufficient?

I was thinking of providing Offer letters from Employers A, B, and a EVL from C.

Also, I have received the same RFE for my wife and she does not work. What evidence should I be providing?


Thanks!

[IJune05]

RFE from NSC?

Couldn't find anyone asking this question - has anyone whose AOS was originally filed in NSC got a RFE during this frenzy?

Thanks

[thallo]

I am new to this forum.
My spouse and my child (10 years) received the RFE for EVL (derivatives). Being a primary applicant so far no REE for me. Is some one is in the same situation ?
Gurus please advice me as my spouse ( working on EAD) is going to Italy for official purpose in the month of July for 10-15 days. His I-94 will change when he will be back. Should I go ahead and respond the RFE or wait for him to come back and then reply for RFE. Gurus and Pandit please respond.

Thanks

[gcq]

I go the same RFE for both me and my wife asking for continuous employment verification letter.

I have some questions:

I changed my job after I got my EAD from Employer A (I140 sponsor) - B (after 180 days pending AOS) - C (after 45 days). Currently working for Employer C using EAD. Do I need to provide a EVL for Employer B too? Should the offer letter be sufficient?

I was thinking of providing Offer letters from Employers A, B, and a EVL from C.

Also, I have received the same RFE for my wife and she does not work. What evidence should I be providing?


Thanks!

Provide only the EVL from the current employer. Past employment EVLs are not needed. When it comes to USCIS ( any other government departments ) less is always better. Don't confuse them with too much information which they don't need anyway.
The EVL requirement for GC is that you should have a "same or similar" job when the application is being approved. You could even be non-working in the past as long as you were NOT on H1.

[san312]

Lawyer got RFE yesterday asked to get
1) 797 Notice of Action
2) I-94
3) EAD/AP
4) EVL

For Secondary
1) 797 Notice of Action
2) I-94
3) EAD/AP

[thallo]

I am new to this forum.
My spouse and my child (10 years) received the RFE for EVL (derivatives). Being a primary applicant so far no REE for me. Is some one is in the same situation ?
Gurus please advice me as my spouse ( working on EAD) is going to Italy for official purpose in the month of July for 10-15 days. His I-94 will change when he will be back. Should I go ahead and respond the RFE or wait for him to come back and then reply for RFE. Gurus and Pandit please respond.

Thanks

[thallo]

Please respond

[GCKnowHow]

Please respond

check this post http://www.qesehmk.org/forums/showth...6500#post36500
Question for this reply is available few posts above. Quite similar to your case.

[qesehmk]

It depends ..

Does your husband have any other visa to use just in case the response to RFE results into denial of 485 which would mean his AOS and AP become invalid. So consider that.

If this is not a concern and/or you can wait until he returns .. by all means wait till he comes back.

I am new to this forum.
My spouse and my child (10 years) received the RFE for EVL (derivatives). Being a primary applicant so far no REE for me. Is some one is in the same situation ?
Gurus please advice me as my spouse ( working on EAD) is going to Italy for official purpose in the month of July for 10-15 days. His I-94 will change when he will be back. Should I go ahead and respond the RFE or wait for him to come back and then reply for RFE. Gurus and Pandit please respond.

Thanks

[kingvish]

Provide only the EVL from the current employer. Past employment EVLs are not needed. When it comes to USCIS ( any other government departments ) less is always better. Don't confuse them with too much information which they don't need anyway.
The EVL requirement for GC is that you should have a "same or similar" job when the application is being approved. You could even be non-working in the past as long as you were NOT on H1.

Thanks a lot gcq!

I will just provide EVL from current employer, I797 notice of action for 485, I-94, EAD/AP

Any advice regarding my wife's RFE? Same as above except EVL as she is not working?

[druvraj]

Has anyone replied to the RFE issued on June 14?

[gcq]

Thanks a lot gcq!

I will just provide EVL from current employer, I797 notice of action for 485, I-94, EAD/AP

Any advice regarding my wife's RFE? Same as above except EVL as she is not working?

Is she purely a dependent applicant ? Has she ever worked in the past ?
If she has never worked in the past, answer is straightforward - mention that she never worked so doesn't have an EVL.
If she has worked in the past , you could provide the work authorization from the past and maybe a proof of employment. And also clearly mention that she is only a derivative on the application.

( Disclaimer: I am explaining the logic of responding, not the exact wording. I am not an attorney or even legally trained. )
I would recommend using a decent attorney to reply to this RFE. Why mess up your application for a $750 attorney fee ?

[kingvish]

Is she purely a dependent applicant ? Has she ever worked in the past ?
If she has never worked in the past, answer is straightforward - mention that she never worked so doesn't have an EVL.
If she has worked in the past , you could provide the work authorization from the past and maybe a proof of employment. And also clearly mention that she is only a derivative on the application.

( Disclaimer: I am explaining the logic of responding, not the exact wording. I am not an attorney or even legally trained. )
I would recommend using a decent attorney to reply to this RFE. Why mess up your application for a $750 attorney fee ?

Thanks again gcq!

She has never worked.

I agree with your recommendation.

[RRRRRR]

Hi All,

I got the email on 6/14 regarding RFE issuance and have not received it yet. Any idea how long it take to receive it. My lawyer says they have not received it yet and i am just wondering if there are more people on the forum who have not received it yet

Thanks