1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Rfe For H4 - Extension Of Stay

Discussion in 'Nonimmigrant Visa Applications' started by kdutta, Aug 17, 2016.

Tags:
  1. kdutta

    kdutta New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Hi,

    I have applied last year for extension of stay for my dependent along with mine. My petition was approved in June, 2016 and got RFE for my dependent last week. The RFE notice says that

    Your application lacks documentation establishing that you qualify for the benefit you are requesting. In order to process your application, additional evidence is needed

    Please provide current pay statements for XXX for the last three pay periods.

    My employer pays my check bi-weekly. So should I submit the pay slips for last 3 pay check or last 3 months ?
    Also do I need to mail the original Form I-539 and other documentation along with the pay slip to USCIS ?

    thanks
     
  2. PDCOM

    PDCOM Guru

    Messages:
    415
    Likes Received:
    358
    Trophy Points:
    63
    In my opinion last three means last three bi weekly ones. If you want to give you may give 3 months(I would not). Bank statement if needed would be good. Also approved h1 copy, marriage certificate proving h4 relationship. I would not send originals, just photocopies. Originals are never asked.

    Consult your Laywer or Ron. Rfe response should be based on their advice not by posting message in forum is what I believe. Reason being you may get into trouble if things are not done correctly.
     
  3. kdutta

    kdutta New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,

    Can you please help me here ?

    Thanks,
    Koushik Dutta
     
  4. Santy

    Santy Guru

    Messages:
    1,256
    Likes Received:
    1,372
    Trophy Points:
    113
    Kaushik da,
    Your case is simple. Do whatever your attorney asks you to do and whatever RFE states you to provide. If the dilemma is to give 3 or 6 pay statements then give 6, it will not harm you. Additionally You should provide approved H1 copy, marriage certificate and any joint account you both are holding. I believe this should satisfy their need.

    Note: I am not a lawyer.
     
  5. spg

    spg New Member

    Messages:
    10
    Likes Received:
    0
    Trophy Points:
    1
    Just a thought - Did your dependent ever hold a H1 petition and convert to H4? Some people do not realize the complications of staying on H1 and not working. If a COS happens and there is delay in converting to H4 then you may need to seek Attorney counsel if USCIS is asking for the payslips for Dependent.

    It is straight forward if it's for you, Primary. Follow your attorney's advice and put the matter to rest.

    I'm not a lawyer.
     
  6. Michelle Choe

    Michelle Choe Attorney at Law

    Messages:
    17
    Likes Received:
    6
    Trophy Points:
    3
    Hi Kdutta,

    You need to send in your three most recent paystubs. The reason they are asking you this question is to show that you are maintaining your H-1B status so that your spouse qualifies for her H-4 status.
     

Share This Page