RFE on H1B Extension using I-140

[srinivaskalagara]

Hi,

Today I had received RFE on my 7th Year H1B Extension petition  based on approved I-140.

Here are the details:

Can anyone enlighten me what USCIS looking for? I understand they wanted payslips and my employer wage reports.

I just wondering if anybody got same RFE and how they did proceed to be get approved.

 

Continuation of Employment
Petitions involving an extension of status for the same beneficiary with the same petitioner may be given deference; however, US. Citizenship and Immigration Services (USCIS) is authorized to question extension petitions when a substantial change in circumstances occurs, when relevant facts change from one petition to another, or when the prior approval may have been based on gross USCIS error.

This request for evidence seeks to establish that a valid employer-employee relationship will exist for the requested validity period. If your previous petition was approved based upon the same evidence contained in this record, the approval would constitute gross USCIS error. The instant petition must be supported by its own documentation since factors can vary from one petition to another.

Maintenance of Status
USCIS has reviewed the record and found that the record did not sufficiently establish that the beneficiary has been maintaining a valid nonimmigrant status. USCIS found that the beneficiary's pay stubs were not sufficiently supported by corroborative evidence in the record. The record has not established that your company has been remunerating the beneficiary the identified amount on your previous Form ETA 9035(E) Labor Condition Application (LCA).

 

You have requested an extension of stay for the beneficiary. You must submit evidence that establishes the beneficiary has been gainfully employed by your company up to the date of filing this petition, July 26, 2013.

USCIS requests that you establish that your company has been and is currently directly remunerating the beneficiary for the beneficiary work as a Programmer Analyst. Submit corroborative evidence that would establish your company has been and is currently remunerating the beneficiary. Such evidence should include, but is not limited to, copies of the beneficiary's 2012 W-2, all four quarters of your company's 2012 Quarterly Wage Reports, that identify the beneficiary, and that were accepted by the approriate state authority. Finally, USCIS requests that you submit the beneficiary's banks statements from March, April, and May of 2013 in order for USCIS to corroborate the beneficiary's pay stubs that were
initially submitted

[jairichi]

Hi,

Today I had received RFE on my 7th Year H1B Extension petition  based on approved I-140.

Here are the details:

Can anyone enlighten me what USCIS looking for? I understand they wanted payslips and my employer wage reports.

I just wondering if anybody got same RFE and how they did proceed to be get approved.

 

Continuation of Employment

Petitions involving an extension of status for the same beneficiary with the same petitioner may be given deference; however, US. Citizenship and Immigration Services (USCIS) is authorized to question extension petitions when a substantial change in circumstances occurs, when relevant facts change from one petition to another, or when the prior approval may have been based on gross USCIS error.

This request for evidence seeks to establish that a valid employer-employee relationship will exist for the requested validity period. If your previous petition was approved based upon the same evidence contained in this record, the approval would constitute gross USCIS error. The instant petition must be supported by its own documentation since factors can vary from one petition to another.

Maintenance of Status

USCIS has reviewed the record and found that the record did not sufficiently establish that the beneficiary has been maintaining a valid nonimmigrant status. USCIS found that the beneficiary's pay stubs were not sufficiently supported by corroborative evidence in the record. The record has not established that your company has been remunerating the beneficiary the identified amount on your previous Form ETA 9035(E) Labor Condition Application (LCA).

 

You have requested an extension of stay for the beneficiary. You must submit evidence that establishes the beneficiary has been gainfully employed by your company up to the date of filing this petition, July 26, 2013.

USCIS requests that you establish that your company has been and is currently directly remunerating the beneficiary for the beneficiary work as a Programmer Analyst. Submit corroborative evidence that would establish your company has been and is currently remunerating the beneficiary. Such evidence should include, but is not limited to, copies of the beneficiary's 2012 W-2, all four quarters of your company's 2012 Quarterly Wage Reports, that identify the beneficiary, and that were accepted by the approriate state authority. Finally, USCIS requests that you submit the beneficiary's banks statements from March, April, and May of 2013 in order for USCIS to corroborate the beneficiary's pay stubs that were

initially submitted

This is the work of your employer's attorney. They will contact you and respond to RFE with documents obtained from you and employer.

[rahul412]

1. Are you working at client location?? Looks like EE relationship is broken in your case

2. What's your annual salary? Is your salary less than what's mentioned in your LCA??

[psramkumar]

this could be because of your w2 is not matching you LCA wages, 

[rahul412]

this could be because of your w2 is not matching you LCA wages, 

I agree, that might be one of the reasons too...