x***6 发帖数: 10 | 1 副申请人需要出示Employment Letter吗? | O******3 发帖数: 16 | | x***6 发帖数: 10 | 3 但是网上有这样一篇文章
http://www.cilawgroup.com/news/2013/06/18/uscis-issues-numerous
"Derivative Dependents Issued Identical RFEs
What is somewhat troubling is that USCIS has issued RFEs with identical
language to derivative dependents. Specifically, dependents’ RFEs
include the phrase “You are an Employment-Based Principal Applicant” which
is plainly incorrect for derivative beneficiaries.
Also, the RFE for derivatives asks for evidence in the same two areas as
primary applicants without any consideration that such documents or
information may not be applicable for derivative family member applicants.
For example, a derivative applicant’s RFE asks for proof of continued
employment authorization since the filing of I-485. Many derivative
applicants, especially children, do not seek and obtain EAD work permits as
part of their I-485 application. In fact, whether or not a derivative
applicant is employed (unless on status permitting employment such as H-1B
or L-1), is not a factor in the I-485 adjudication.
The RFE for derivative applicants also asks for a letter from “your
petitioning (Form I-140) employer.” Derivative I-485 applicants, by
definition, do not have a petitioning I-140 sponsor employer. It is
unclear what is USCIS’s motive — whether they seek such a letter from the
primary applicant’s sponsoring employer, or simply that they reused the
template without regard to a specific case’s parameters." |
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