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Topic: 485 RFE, Lot of documents needed !!
Gurus Please advice,
My 485 RFE Details:
1 - Need Copies of my passports
2 - Copy of I-20 if any
3 - Copies of all my EADs
4 - Copies of W-2 for all employers
5 - Copies of form 1040
6 - Original IRS Service transcripts (Wage and Income, Tax, Account)
7 - First and Last paystub issued to me by every employer for all years
Any inputs ??
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See there is no other way, if u have all the documents then go ahead and submit it. I have read in some other forum about the same set of documents requested from someone, that person submitted and in days got his GC approved. I dont remember the forum, maybe this one, or immigrationvoice.org
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I agree with you. The forms G-325 and the form I-485 contain all the right info about my employers. None of my H1 visa petitions have been withdrawn or revoked. No gaps in I-94.
Anyways, thanks for your input, appreciate it
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> 6 - Original IRS Service transcripts from ...
what is that?
thanks
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you can go to the irs.gov website and look for it.
It is a copy of your tax returns that IRS has, they want the original copies sent to them by IRS.
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If you dont have a lawyer, you need to have one a good lawyer. Feedback from this forum may not be sufficient for your case. Good Luck. And Do not panic. Everyhting will ruined. Be patience and prepare accordingly. If you do as they asked for, you may get green signal.
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One thing sort of bothers me. Per IRS standards, tax investigations have 3 years statute limitations, i.e., if you cheated on your tax return in 2003, they can not do anything to you now. That's why IRS says to retain tax returns and paper trail for 3 years. Why does immigration ask for so old tax papers? I know many people who throw their tax filing away when they age out. If somebody asks me to produce my 1040NR for 1999 where can I get it?
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Thank you for your support and suggestions, I was very depressed yesterday when I read the RFE, but now I feel a bit better and hopeful, thanks to this forum.
I am meeting an ace lawyer tomorrow, will post his comments, hopefully it will benefit other people in the same boat as me.
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smog,
as far as I know, this is very standard stuff. In fact I'm surprised that you did not submit all these info to begin with. My attorney's made me submit all these stuff with the initial filing. I submitted copies of all my passports (including old ones), copies of my I-20's (yes I still have them..) and etc..
Can you really get tax transcripts for 2002 and 2003 in 2008? I was under the impression that you could only go back 3 years. If so, they you are in luck. If I were you, I would walk into any local IRS office and ask them to print out the tax transcripts right at the spot and find out if they can really go back in 2002. Just make sure you take your passport/id with you when you visit IRS.
Disclaimer: I did not read the complete thread.Just read smog's initial question.
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What about the first and last paystub of every employment? If you dont have the first paystub, Is it normally possible to obtain copies of old pay stubs from the employer?
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you will have to check with your employer. I doubt that any employer or any one will hold on to a pay stub from 2002. asking for a paystub from 2002 is just insane. Who will ever retain a 6yr old pay stub? My $0.02
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Did u submit your EAD with the I-485 application?
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HI,
I'm an accountant and i work with the CPA company and actualy i'm sitting for the CPA exam soon...
answering some of the accounting questions apove:
1-for the IRS you call 1800-829-1040 and you enter your SSN it is automated FREE SERVICE THAT YOU CAN REQUEST TRANSCRIPT OF YOUR TAX RETURN FROM 2004 AND ABOVE(assuming 2007 not filed yet if filed get a copy only)
so it is free to request the last 3years tax return transcript( i will post the extensions for the 1800# tommorow)
2-you can get a copy of previous tax return if you want too but it will cost you aorund $39 a year for the years not available (last3yrs)( i will provide the extensions also tomm for the 18008291040 for that)
3-for the pay stubs ..what about the employer who didn't make stubs for their employee?i mean whom they just give the regualr inhouse small peice of stub?
my point there is no problem with the last paystubs but the first one you don't need it.basicly you don't need to show old check stubs BECAUSE THE W-2 IS LEGALLY A STATEMENT OF WAGES FOR THE WHOLE YEAR FROM EVERY EMPLOYER YOU WORKED WITH..usually the stubs requested for the last 3 or 6 periods not the first and the last...so get your W-2s for the years ended and just carry what ever recent stubs you have
if any one need more advise plz let me know ONLY ACCOUNTANT AND TAX ISSUES
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If the USCIS say they want paystubs, they mean paystubs. W2 shows income but NOT period of work covered. For you they know, W2 income could have been made at the end of a year. I suspect they want first and last stubs to determine true working periods covered - not income, because, as you point out, that CAN be determined by the W2.
HI,
I'm an accountant and i work with the CPA company and actualy i'm sitting for the CPA exam soon...
answering some of the accounting questions apove:
1-for the IRS you call 1800-829-1040 and you enter your SSN it is automated FREE SERVICE THAT YOU CAN REQUEST TRANSCRIPT OF YOUR TAX RETURN FROM 2004 AND ABOVE(assuming 2007 not filed yet if filed get a copy only)
so it is free to request the last 3years tax return transcript( i will post the extensions for the 1800# tommorow)
2-you can get a copy of previous tax return if you want too but it will cost you aorund $39 a year for the years not available (last3yrs)( i will provide the extensions also tomm for the 18008291040 for that)
3-for the pay stubs ..what about the employer who didn't make stubs for their employee?i mean whom they just give the regualr inhouse small peice of stub?
my point there is no problem with the last paystubs but the first one you don't need it.basicly you don't need to show old check stubs BECAUSE THE W-2 IS LEGALLY A STATEMENT OF WAGES FOR THE WHOLE YEAR FROM EVERY EMPLOYER YOU WORKED WITH..usually the stubs requested for the last 3 or 6 periods not the first and the last...so get your W-2s for the years ended and just carry what ever recent stubs you have
if any one need more advise plz let me know ONLY ACCOUNTANT AND TAX ISSUES
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Gentlemen,
Thank you for your excellent inputs. I will pay the amount and get tax transcripts from IRS.
Besides, I have read and read in forums where once all the documents requested in the RFE were received in the way they were requested, the 485 was approved within a week. I guess it is just to check on the legitimacy of my stay in the US at all times after my recent arrival into the US, Which to some extent is justified.
But yes, in my case, I THINK, Pay stubs question was purely to see my duration of employment with all the employers that I have mentioned on form G-325. Since my lawyer did not mention about my previous passport during filing (because my passport expired before I re-entered the US on H1).
I am meeting an attorney today, will post his comments. Thanks a lot for your inputs, helps a great deal. Thank you.
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I also received a comment in another forum....that I could pay a fine of $1000 to USCIS for my period of stay "without pay" and the gap will be condoned.....I do not know how much this is true...but thought I'd mention it, may it would be beneficial to someone.
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where you available 2001 dec in USA.? if yes check 245i gc application. $1000 fine stuff.
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Ok will go check, but is that provision only for the year 2001?
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I have a pay stub for Jan, one for Feb and the other for September.
I don't think that you'll have any problems with this RFE. In the unlikely event that NOID will follow this RFE because you did not have paystubs for 6 months from March to August, consider a way to claim 245(k) eligibility in response to such NOID. 245(k) allows up to 180 days of being out of status since the last entry. 6 months are damn close to 180 days. In the unlikely event it comes to the point of NOID on this issue, try to find a way to cover this period by a 180-day "amnesty" period of 245(k). |
Spoke to an attorney, he thinks that all W2's, tax return statements, and recent paystubs for all employers MUST have been submitted to USCIS at the time of 485 filing.
He thinks that since my attorney had NOT sumitted these documents at the time of my 485 filing, the RFE was issued as a result. Some Officers at the USCIS go by the book and they make sure that all the documents are present in the file before they approve the AOS application.
He thinks that the officer that looked at my file wanted proof that I have actually worked at all the employers through the dates mentioned in the form G-325 and 485
I think 254i is for people who were out of status before 2002
Just an update. will keep everyone posted.
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Do you know if they can demand paystubs for the dates _before_ last admission to the US? For example, I entered US in June 2003, May 2006, and July 2006. Every time in H1 status. Can they demand proof of H1 status for periods in early 2003 or 2002?
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documents USCIS has asked for are the docs generally required for filing I-485. Dont know how you or your attorney missed it. Anyway Good Luck.
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Igor,
If they suspect, they might ask. With USCIS there is no "blue book" for RFE questions. The questions could be anything. The range is pretty wide and sometimes absurd. Just hope that they do not go anal on your case.
Would you mind sharing your case/concerns?
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Would you mind sharing your case/concerns?
My case is on trackitt profile. All I have right now are RFE emails sent on 2/26/2008 for all three cases (wife, son, myself). I hope to receive actual RFE soon and find what they want from me. The concern is that I may have some difficulty proving H1 status during several months of 2003. On the other hand, I was mostly out of country at that time. |
Response to masingh
Not entirely true, the following should have been submitted with original:
1 - Need Copies of passports
2 - Copy of I-120 if any
3 - Copies of all EAD
Accoring to my attorney, the following are not REQUIRED to submit with 485, USCIS can issue an RFE if they want to see them:
4 - Copies of W-2
5 - Copies of form 1040
6 - Paystubs
It seems since some of the required docs were not initially submitted USCIS got suspicouse and asked for all supporting material to make sure.
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I do agree with GcSufer. My Attorney said no need to submit paystubs and W2's.
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I am not sure but my lawer sent every single document taxes for the last 5 years, copy of the employeer that said I am still working with the salary on...Besides I have read many forums where RFEs many of them asking for W-2 and taxes for the last 4 years if you have them......USCIS looks to have different policies according to the IO........
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Hi nayymha,
I have been requested by USCIS to provide the following transcripts from the IRS:
1) Account Transcripts
2) Wage and Income Transcripts
3) Tax Return Transcripts
Would it be possible for me to request all 3 of the above for all years? will they have them on file?
I have already requested for years 2004 and above. I couldn't request 2002 and 2003 using the automated system.
Please advice.
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Just spoke to an attorney, he says the retrogressed countries will remain that way for another 5 years or so. Just an update for all our friends from India, China, and The Phillipines.
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Agree w/ GCsurfer, But my lawyer did ask for W2s of latest three years and Paystub of latest three months. May be they were trying to reduce REFs as much as possible. asking for 1040 may be uncommon.
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Yes, I agree, that W2s are NOT required to be submitted at the time of filing 485 filing, but it is HIGHLY recommended.
There is a bit of scrutiny going on these days I think, or may be its just my bad luck.
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Hi smog
there is no problem to get from the IRS accoutn and tax return transcript for the last 10years
you have 2ways either to :
1-call this # 1800-829-1040(IRS) and do the following
IT IS FREE TO GET UP TO 10 YEAR TRANSCRIPT THRU THE IRS 1800# ABOVE FOLLOW THE FOLLWOING STEPS:
press 2,2
enter ur SSN
1,1,3,
enter your street number(not the name just the ST.#), you will hear introduction
4, enter the tax year starting from your 2007(or 2006 if u didn't file 2007 yet),
1 and after that they will tell you they either will mail it to you or it will not be available, in this case(not available) you should file form 4506 with the IRS http://www.irs.gov/pub/irs-pdf/f4506.pdf
it is very easy form but the problem is it will take up to 60days to get the years that are not available thru the 1800# and it will cost $39.00 to get copy of
you will be able to hear the option to request another tax year so you key in the follwoing year and so on until you request all years on file
if you had any problem hit 0 to speak to customer rep. they open from 7am to 10pm
good luck and let me know if you need further help
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Hello Smog,
Did you submit any W2's or Pay Stubs while submitting the 485.?
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If the USCIS say they want paystubs, they mean paystubs.
And they can request anything from any time period if it is relevant to the adjudication process. I had an RFE in 2007 for a form IAP-66 from 1992. With the question of retaining legal status, they can only ask for proof of that since your last entry into the States, but if the documentation relates to another question it can date back as far as they need. |
Hi vkgc2005
None of my W2s or tax return statements were submitted at the time of 485 filing.
Only two recent paystubs from my employer at that point (since the daye my 485 was filed) were submitted.
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Hi Nayymha,
Yes, I followed the process and I requested Transcripts of my Account and Tax returns from 2004 through 2006. 2002,2003 and 2007 were not available. I will fill out their form and request transcripts for 2002.
But, how do I get a "wage and earnings" transcript s? Do I need to fill out a different form for that? Automated system does not give us an option to request Wage and Income transcripts.
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Hi v7461558,
Yes, you are right about that. They can request documents from any period if it is relevant to the AOS process.
My attorney DID NOT provide any copies of my old passport when my I-485 was submitted. Hence the RFE for passport copies. I think it is for them to know if I had maintained Legal status while I was here as a student. In any case I was in the US only for a few months after which I was out of the US for 3 years. I returned on a new visa classification (H1) and a new passport, since the old one had expired.
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Hi Smog,
Can you please let me know the officer tag on your RFE? Something like NSC/ABC E888. I have received a RFE from NSC on 02/29 and my lawyer is yet to get it.
My details:
PD: 12/2005, EB-2 ROW
I-140/I-485 filed together using CC - May 06
AP/EAD - Renewed twice
I-140 - AD 11/06
I-485 - RFE (02/29)
Thanks
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Now, USCIS requests tons of documents from me:
1. All pages from all passports (except the current one, which they already have)
2. Back and front of all I-94 prior to June 2003 (one of my entries to US). I do not have B1/B2 I-94 for 1999-2001, but do have all H1 I-94 from 2002 and later.
3. All diplomas, certificates and transcripts - school, college, university. I have all three certificates/diplomas, but no transcripts from school and college.
4. Copies of all 1040 (signed and dated), along with schedules for Profit/Loss from Business, Self-Employment tax and Treaty-Based returns
5. Copies of all W2, 1099-MISC and 1042-S - documents are for the whole family. I only have one 1099-MISC, for the commissions returned to me by a real estate broker.
6. Original IRS account and return transcripts for all years. IRS has account transcripts for all years (2002-2006). However, return transcripts are not available for 2002 and 2003.
7. Complete copies of first and last pay stub for each employer during each year
My wife and son received RFE because doctor forgot to write TB skin test results.
Officer code is NSC/TAC EX376
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Igor,
Your RFE looks just like mine, but less severe than mine. I read on another forum where they have asked a few people the same set of documents.
When is your reply deadline? Mine is May 13th
I called IRS Today and spoke to a lady for about 20 mins, she helped me get transcripts as old as 2002. Also in my case, they wanted Wage and Income transcript from 2002 to 2006.
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The due date is May 21, 2008. USCIS requested BOTH "Wage and Income Transcripts" and "Tax Return Transcripts". Yes, all "Wage and Income Transcripts" are available. The problem is with "Tax Return Transcripts" prior to 2004.
Igor,
Your RFE looks just like mine, but less severe than mine. I read on another forum where they have asked a few people the same set of documents.
When is your reply deadline? Mine is May 13th
I called IRS Today and spoke to a lady for about 20 mins, she helped me get transcripts as old as 2002. Also in my case, they wanted Wage and Income transcript from 2002 to 2006.
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Igor,
do you live in the NJ/NYC area? may be we can discuss.
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Nasty RFEs. I bet they are from some of the new adjudicators, USCIS has trained and hired recently. They are not yet tired of seeing the same applications for years and years. They are fresh and trying to show off to their supervisors their punctuality and thoroughness: "Look how careful and demanding I am! Look how creatively I use my RFE-writing skills which I just learned from USCIS academy! It's time to rise my GS level and pay!" Oh, well... Only time can change new rocks with sharp edges in the water into smooth pebbles... Good luck, guys, you should be able to get through this obstacle.
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I live in San Jose, CA...
Speaking about the reasons for RFE, I think Burkino is very close to the truth. My lawyer told that since they're now approving without all required security checks, AO's are using extensive RFE to cover their asses... remember CYA work mode? -- just in case later security check will cause a revocation.
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Here is an update after talking to two lawyers (current and future employers) and talking to IRS.
>> All pages from all passports (except the current one, which they already have)
Lawyer recommended that I submit fresh copy of current passport as well. Especially as travelled abroad while waiting for GC.
>> Back and front of all I-94 prior to June 2003 (one of my entries to US). I do not have B1/B2 I-94 for 1999-2001, but do have all H1 I-94 from 2002 and later.
Lawyer says that it's OK to miss old I-94. However, all newer I-94, including extension of status should be included. We will have to explain that those old I-94 were returned back to DHS upon exit from US, and so we cannot obtain copies. We will also list all US entry/exit dates and highlight relevant stamps in the copies of passports.
>> All diplomas, certificates and transcripts - school, college, university. I have all three certificates/diplomas, but no transcripts from school and college.
It seems my university transcript covers college time as well (maybe because I transferred). Lawyer said it's OK not to have school transcripts, but advised to order them, just in case USCIS will really want it in the future.
>> Copies of all 1040 (signed and dated), along with schedules for Profit/Loss from Business, Self-Employment tax and Treaty-Based returns
Since 1040 were e-filed, I will have to include some proof of e-filing.
>> Original IRS income and return transcripts for all years
IRS Account Transcripts are available for all years. However, IRS Tax Return Transcripts are available only from 2004. Since 2002 and 2003 are not available, I've requested photocopies (yes, paid $78 for photocopies of e-filed returns, welcome to government's world : ) We will file a copy of this request and cleared check, showing that it will take 60 days to get photocopies.
>> My wife and son received RFE because doctor forgot to write TB skin test results.
Lawyer advised to go for a new TB skin test, and then do a fresh chest X-Ray if skin test is positive. She did not recommend to use old TB skin test results.
Disclaimer: this is not a legal advise, talk to your own lawyer : )
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Igor,
Thanks for the update. What about Wage and Income Transcripts? Were they requested by USCIS?
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As far as I understood "Account Transcript" is the same thing as "Wage and Income Transcript". Can anyone confirm or explain the difference?
Igor,
Thanks for the update. What about Wage and Income Transcripts? Were they requested by USCIS?
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IT IS WHAT WE CALLED THE W-2 YOU SHOULD HAVE IT ATTCHED TO YOUR TAX RETURN (YOUR COPY) WHEN YOU FILED YOUR TAXES AT THE ACCOUNTANT OFFICE ..IF NOT TRY TO ASK YOUR EMPLOYER AND THEY SHOULD HELP YOU..IF YOU COULDN'T YOU CAN REQUEST A SUBSTIUTE W-2 FROM THE IRS
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I do have all original W-2. However, "Account Transcript" is not the same as W2. As I understood from talking to IRS representative, "Account Transcript" incudes info from W-2, various 1099, summary from tax return, and a lot more other data.
BTW, I would appreciate more of the lower case letters here... all uppercase is quite hard to read.
IT IS WHAT WE CALLED THE W-2 YOU SHOULD HAVE IT ATTCHED TO YOUR TAX RETURN (YOUR COPY) WHEN YOU FILED YOUR TAXES AT THE ACCOUNTANT OFFICE ..IF NOT TRY TO ASK YOUR EMPLOYER AND THEY SHOULD HELP YOU..IF YOU COULDN'T YOU CAN REQUEST A SUBSTIUTE W-2 FROM THE IRS
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if you do have the W-2s then you are fine, also you are right that Account transcripts is different than W-2s, the IRS will give you both (Account transcripts& Tax return transcript)and I don't know why the USCIS make it hard by asking about the W-2s since their info is keyed in the tax return transcript and the account transcripts too
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