Rfe sent last Wednesday.. Is there a chance my I-765 is still in line?

[sarahk316 2]

Got the noa for I-765 on November 5, so according to averages I should have the ead approved around mid January. I had a request for evidence regarding i94. We sent a copy of this in last week and ow just waiting for it to be accepted. Is there a chance it'll be approved within the next couple of weeks and my i765 won't lose it's place in line? Or is it already out of line and the 90 day processing time starts again once rfe is approved? I hope this makes sense.. I know it may seem petty but this work authorization is pretty important for my family right now.. So any input would be appreciated. Thanks in advance! (I understand nobody can predict an exact timeline.. But maybe someone on here had a similar experience. )

[F1holdermarried 0]

Got the noa for I-765 on November 5, so according to averages I should have the ead approved around mid January. I had a request for evidence regarding i94. We sent a copy of this in last week and ow just waiting for it to be accepted. Is there a chance it'll be approved within the next couple of weeks and my i765 won't lose it's place in line? Or is it already out of line and the 90 day processing time starts again once rfe is approved? I hope this makes sense.. I know it may seem petty but this work authorization is pretty important for my family right now.. So any input would be appreciated. Thanks in advance! (I understand nobody can predict an exact timeline.. But maybe someone on here had a similar experience. )

That is an interesting question. I hope you get answers because I am in the same situation. Good luck to you!

[blankmedia 41]

I had an RFE on mine, the time between the RFE being issued and the "RFE response review" status was 14 days. My EAD was approved after 66 days from originally filing. From the timelines I have looked at, and from my personal experience, RFE's do not affect the time to get EAD approval/ Interview unless the time taken by applicant to respond to the RFE is a long time itself.

[sarahk316 2]

I had an RFE on mine, the time between the RFE being issued and the "RFE response review" status was 14 days. My EAD was approved after 66 days from originally filing. From the timelines I have looked at, and from my personal experience, RFE's do not affect the time to get EAD approval/ Interview unless the time taken by applicant to respond to the RFE is a long time itself.

This is what I was hoping to hear, thank you!

That is an interesting question. I hope you get answers because I am in the same situation. Good luck to you!

Best of luck to you, will update this when I get any news on my own timeline.

[F1holdermarried 0]

This is what I was hoping to hear, thank you!

Best of luck to you, will update this when I get any news on my own timeline.

I don't mean to hijack your post but I am freaking out about my RFE a little. I am not sure how to submit the information they want. They ask for proof of citizenship for co-sponsor (no problem with that) but then they want proof of income for my husband. They want a letter of employment stating what he made. Problem is with that company not enough. He switched jobs in September, so I sent his three most recent pay stubs with that company (as proof, but wasn't enough, which is fine) and then previous pay stubs from two other companies that show cumulative income for 2012. Altogether he made enough (just above the poverty line, so we got his mom to co-sponsor), but how can I prove this? Any help would be appreciated. Thanks!

[sarahk316 2]

I don't mean to hijack your post but I am freaking out about my RFE a little. I am not sure how to submit the information they want. They ask for proof of citizenship for co-sponsor (no problem with that) but then they want proof of income for my husband. They want a letter of employment stating what he made. Problem is with that company not enough. He switched jobs in September, so I sent his three most recent pay stubs with that company (as proof, but wasn't enough, which is fine) and then previous pay stubs from two other companies that show cumulative income for 2012. Altogether he made enough (just above the poverty line, so we got his mom to co-sponsor), but how can I prove this? Any help would be appreciated. Thanks!

Well maybe they want the written letter? My husband did not make enough through the year at first, but got a new job and now does make enough to satisfy the requirements. We haven't had any trouble with that, we just sent the pay stubs and a letter from the current job manager which says how long he's worked there and how much he makes. Dd you get a letter from the employer? If not that may be what they're asking for, I think it's a requirement for their paperwork... Especially if you have a sponsor you should be fine.

[F1holdermarried 0]

Well maybe they want the written letter? My husband did not make enough through the year at first, but got a new job and now does make enough to satisfy the requirements. We haven't had any trouble with that, we just sent the pay stubs and a letter from the current job manager which says how long he's worked there and how much he makes. Dd you get a letter from the employer? If not that may be what they're asking for, I think it's a requirement for their paperwork... Especially if you have a sponsor you should be fine.

We will get the letter ASAP. So we have them state how much the gross salary for this job is not how much he made to date? My problem is that they are asking for six months of pay stubs or other proof of employment, which we didn't collect. Do you think I could write a letter stating the case and marking the cumulative gross income for 2012 from the pay stubs from the other companies so they see that in total he made enough?

[Nich-Nick 3,354]

We will get the letter ASAP. So we have them state how much the gross salary for this job is not how much he made to date? My problem is that they are asking for six months of pay stubs or other proof of employment, which we didn't collect. Do you think I could write a letter stating the case and marking the cumulative gross income for 2012 from the pay stubs from the other companies so they see that in total he made enough?

They are interested in his current income, not what he made over the last year.

Example of 2011

Employer A - 8 months x 1500 mo = 12,000

Employer B- 3 months x 2000 mo = 6,000

For the purpose of this form his income is 12 x 2000 = 24,000.

Use the current rate and take it out to how much that will be in a year. Then get his current employer to write a letter saying he earns 24,000 per year (or whatever he makes at the current rate).

[sarahk316 2]

We will get the letter ASAP. So we have them state how much the gross salary for this job is not how much he made to date? My problem is that they are asking for six months of pay stubs or other proof of employment, which we didn't collect. Do you think I could write a letter stating the case and marking the cumulative gross income for 2012 from the pay stubs from the other companies so they see that in total he made enough?

Can you not get the pay stubs? Are you saying his new job pays enough to meet the income level? But the old one did not? If that's the case it's the same as ours, and we just sent the letter from the current employment showing his hourly rate and amount of hours he works.

[F1holdermarried 0]

Can you not get the pay stubs? Are you saying his new job pays enough to meet the income level? But the old one did not? If that's the case it's the same as ours, and we just sent the letter from the current employment showing his hourly rate and amount of hours he works.

I am sorry for not being specific enough. At his current employer he makes $26,000 a year but he only started in September, therefore didn't make enough at this job. However, combined with the other jobs he had this year he made enough. Or do they only wanna know that he makes enough at his current job, meaning if his employer states that he is making $26,000 a year that's sufficient? Unfortunately we don't have all the pay stubs from the past 6 months. Irresponsible, I know. But since his pay stubs show cumulative income we didn't really think it was necessary. Biting us in the #### now, I guess.

[sarahk316 2]

I am sorry for not being specific enough. At his current employer he makes $26,000 a year but he only started in September, therefore didn't make enough at this job. However, combined with the other jobs he had this year he made enough. Or do they only wanna know that he makes enough at his current job, meaning if his employer states that he is making $26,000 a year that's sufficient? Unfortunately we don't have all the pay stubs from the past 6 months. Irresponsible, I know. But since his pay stubs show cumulative income we didn't really think it was necessary. Biting us in the #### now, I guess.

Ok well I would get his employer to write a letter stating when he started, what hours he works, for how much per hour and how much it'll make annually... That should be enough, I mean like I said we sent that and still haven't had a rfe for anything to do with income.. Not to say we won't get one but s far so good!

[F1holdermarried 0]

They are interested in his current income, not what he made over the last year.

Example of 2011

Employer A - 8 months x 1500 mo = 12,000

Employer B- 3 months x 2000 mo = 6,000

For the purpose of this form his income is 12 x 2000 = 24,000.

Use the current rate and take it out to how much that will be in a year. Then get his current employer to write a letter saying he earns 24,000 per year (or whatever he makes at the current rate).

I think I am having a real brain fart. So all that matters is his current annual income proved with an employment letter? Gosh, and I almost died today. So do you think this is enough or will we run into further problems because we don't have pay stubs for the past six months? They specifically asked for that, we'll, that or other proof of income for the past six months. Wait, I cold just provide bank statements for the past six months where they can see his income. Would that make them happy?

Ok well I would get his employer to write a letter stating when he started, what hours he works, for how much per hour and how much it'll make annually... That should be enough, I mean like I said we sent that and still haven't had a rfe for anything to do with income.. Not to say we won't get one but s far so good!

Ok, thank you so much! I already found sample letters and will send them with my husband to work. I am glad it seems to run smoothly for you! Best of luck!

[blankmedia 41]

I think I am having a real brain fart. So all that matters is his current annual income proved with an employment letter? Gosh, and I almost died today. So do you think this is enough or will we run into further problems because we don't have pay stubs for the past six months? They specifically asked for that, we'll, that or other proof of income for the past six months. Wait, I cold just provide bank statements for the past six months where they can see his income. Would that make them happy?

Ok, thank you so much! I already found sample letters and will send them with my husband to work. I am glad it seems to run smoothly for you! Best of luck!

I'm pretty sure you are going to need paystubs since it's a new job. Income is determined by tax year, not by multiplying potential income. You can't just start a new job at $1000 per week and then multiply it to make $52,000 as your current income for 2012. Your current income is what you will make in that tax year, not potential year to date income.

It is so close to January, why don't you wait a couple weeks and submit copies of all your W-2's or even your 1040 tax return for 2012? I'm not sure how much time you have for your RFE, but generally I think its 87 days. Just a suggestion.

I definitely would NOT just submit a letter from the employer at a new job as the only proof of income for 2012.

[sarahk316 2]

I'm pretty sure you are going to need paystubs since it's a new job. Income is determined by tax year, not by multiplying potential income. You can't just start a new job at $1000 per week and then multiply it to make $52,000 as your current income for 2012. Your current income is what you will make in that tax year, not potential year to date income.

It is so close to January, why don't you wait a couple weeks and submit copies of all your W-2's or even your 1040 tax return for 2012? I'm not sure how much time you have for your RFE, but generally I think its 87 days. Just a suggestion.

I definitely would NOT just submit a letter from the employer at a new job as the only proof of income for 2012.

Yeah, this is good advice...better than mine

[Nich-Nick 3,354]

I think I am having a real brain fart. So all that matters is his current annual income proved with an employment letter? Gosh, and I almost died today. So do you think this is enough or will we run into further problems because we don't have pay stubs for the past six months? They specifically asked for that, we'll, that or other proof of income for the past six months. Wait, I cold just provide bank statements for the past six months where they can see his income. Would that make them happy?

Prove current income

Income is determined by tax year, not by multiplying potential income. You can't just start a new job at $1000 per week and then multiply it to make $52,000 as your current income for 2012. Your current income is what you will make in that tax year, not potential year to date income.

.

I definitely would NOT just submit a letter from the employer at a new job as the only proof of income for 2012.

It does not say on the form "what did you make during the last calendar year or last tax year? "

22. I am

currently

: (employed as a .....etc)

23. My

current

individual annual income is

:

And from the instructions:

23. Current Individual Annual Income.

Enter your

current

individual earned or retirement annual income that you are using to meet the requirements of this form and indicate the total on this line. You may include evidence supporting your claim about your

expected

income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.

People who were students earning zero income, then graduate with an engineering degree and start a $55,000/yr in Sept are approved by proving that new job. Since the tax return doesn't prove it, they need something else...like the offer letter or an employer letter stating the yearly salary and that it is a permanent position. At this time of year and depending on the job category, it might appear his new paystubs reflect a seasonal job that is going to be over at Christmas so the employer letter needs to make the permanence clear.

Also, it sounds like he does qualify on his own. But even if he didn't or you didn't prove it to them, they could still approve based on the joint sponsor. But you left off some needed evidence on the joint sponsor. So there's two ways to get approval, but you got an RFE because as submitted, there wasn't enough for them to approve either.