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RFE @ N-400 Interview

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  • RFE @ N-400 Interview

    Hello Everybody

    Got a RFE @ N-400 interview @ the Santa Ana office of uscis in Orange County, CA.
    Immigration Officer (IO) is asking me for at least one paystub or a W2 from my past employer (after i received my GC in March 2012) who originally had filed for my GC way back in Aug 2007.
    I left this employer after my I-140 got approved.
    I have been given 30 days time from 25th April 2018.
    Please advise.
    Thank you.
    Prax

  • #2
    Originally posted by prax View Post
    Hello Everybody

    Got a RFE @ N-400 interview @ the Santa Ana office of uscis in Orange County, CA.
    Immigration Officer (IO) is asking me for at least one paystub or a W2 from my past employer (after i received my GC in March 2012) who originally had filed for my GC way back in Aug 2007.
    I left this employer after my I-140 got approved.
    I have been given 30 days time from 25th April 2018.
    Please advise.
    Thank you. You
    Prax
    If you filed taxes, you and your tax preparer should have a copy of your W2 attached to your tax return. Remember, they attached a copy to the tax return package they gave you and they kept one for your IRS records. If you lost it, you may need to contact the IRS and file a form to request a copy of the entire document which will include the W2, I believe it is IRS Form 4506. Please look it up to make sure it is the correct form; you may incur a fee and the sooner you request it, the better. Start by looking in your old tax returns records first. All the best to you.
    Last edited by Joni8ritt67; 04-29-2018, 09:17 AM.

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    • #3
      RFE @ N-400 Interview

      Thank you for your reply.
      After clearing the I-140 stage, I left 'ABC Inc' - The company that filed for my GC.
      The IO wants me to show a W2 of this petitioner 'ABC Inc' dated after receipt of GC.
      I cannot produce this W2 as I have not worked for this company 'ABC Inc' ever since I left them.
      Please reply.

      Comment


      • #4
        Originally posted by prax View Post
        Thank you for your reply.
        After clearing the I-140 stage, I left 'ABC Inc' - The company that filed for my GC.
        The IO wants me to show a W2 of this petitioner 'ABC Inc' dated after receipt of GC.
        I cannot produce this W2 as I have not worked for this company 'ABC Inc' ever since I left them.
        Please reply.
        If you did not work for the original I140 petitioner, did you use the provisions of AC21 while filing I485? If yes, you can show the documentation for the same, because the whole purpose of the filing is to show that you would not be working for the original petitioner, and hence would not have the W2 requested. However, if that is not the case, then it could be considered that the original I140 filing was not a bonafide one. I am guessing that is the reason the officer asked for W2.
        Just an opinion; Not legal advice.

        Comment


        • #5
          RFE@ N-400 Interview

          Thank you for your valuable response.
          Yes, when I switched from my original employer (who had filed my GC 1st & 2nd stages) to a new employer I did file AC21 during my I-485 stage.
          Will I have to do the same again with my present employer or can that same document be presented again?

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          • #6
            Originally posted by prax View Post
            Thank you for your valuable response.
            Yes, when I switched from my original employer (who had filed my GC 1st & 2nd stages) to a new employer I did file AC21 during my I-485 stage.
            Will I have to do the same again with my present employer or can that same document be presented again?
            AC21 is for porting your I140 PD from one petitioner to another. You do not need to do anything else now. So your response to RFE would be that you have used the provisions of AC21 to move from the original petitioner to another employer, with whom you were working at the time of filing your I485, and for which you have the evidence. That should suffice, since may be this whole case flow was not evident to the interviewing officer, and hence the RFE. You would also have to submit a W2 from your employer at the time your GC was issued, and you had AC21 filing to switch to that position in question.
            Just an opinion; Not legal advice.

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            • #7
              RFE @ N-400 Interview

              Thank you very much.
              I feel comfortable now. Much relief.
              God bless you.

              Comment


              • #8
                Originally posted by prax View Post
                Thank you very much.
                I feel comfortable now. Much relief.
                God bless you.
                Hi, I have a similar situation. Did you hear back from them?

                Comment


                • #9
                  Originally posted by prax View Post
                  Thank you very much.
                  I feel comfortable now. Much relief.
                  God bless you.
                  I am in a similar situation. Can you tell us what you did and what happened in your case? Hope it was approval.

                  Comment

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