RFE received on pending I-485 - invoking portability

[Bunty2772]

I received an RFE on my pending I-485 case and the RFE is as follows:

"Submit a letter of employment attesting to your proposed employment. This letter should be written on the company's original letterhead and cite the date you will begin working, whether the position is permanent or full-time, a description of the position, a description of the position you currently hold for the company(if any) and the offered salary"

The I-140 for this case was filed by Company A but I filed the I-485 while working for Company B since Company A was willing to offer future employment based on the approval of this case. I now work for Company C and it has been more than 180 days since I filed for I-485. I did submit a letter from Company A with all the relevant information that is being currently asked in this RFE along with my original petition. However, I'm guessing USCIS is asking me for this information again because they obviously know about my current employment with Company C. I'm planning to invoke AC21 portability and provide all relevant documents from the new company.

Can gurus on this forum comment on this? Will I be able to obtain benefit from AC21 portability? Thank you for your time.

[ginnu]

Originally Posted by Bunty2772

I received an RFE on my pending I-485 case and the RFE is as follows:

"Submit a letter of employment attesting to your proposed employment. This letter should be written on the company's original letterhead and cite the date you will begin working, whether the position is permanent or full-time, a description of the position, a description of the position you currently hold for the company(if any) and the offered salary"
--------------------------------It seems to me you changed job and did not file for AC21 request by sending new employer same/similar job offer letter to USCIS. The info USCIS is asking is clear and it is for AC21.

The I-140 for this case was filed by Company A but I filed the I-485 while working for Company B since Company A was willing to offer future employment based on the approval of this case.

---------------------That is OK. GC is for future job. company A can file LC and I-140 even if you are working with X company. I-485 is your Petition that YOU file with I-140 or after I-140 approval.

I now work for Company C and it has been more than 180 days since I filed for I-485. I did submit a letter from Company A with all the relevant information that is being currently asked in this RFE along with my original petition.
----------------------------You are NOT with Comany A at this time, you were not with A when filed I-485 and USCIS knows that you are with C and company C need to give you a letter so that you can invoke AC21.

However, I'm guessing USCIS is asking me for this information again because they obviously know about my current employment with Company C. I'm planning to invoke AC21 portability and provide all relevant documents from the new company.
--------------------- Correct. send all relevant documents from company C.

Can gurus on this forum comment on this?
Will I be able to obtain benefit from AC21 portability?
-----------------Yes, send what is asked.
Thank you for your time.

if your I-140 is approved and I-485 pending more than 180 days and you get same/similar permanent job offer then you are eligible for AC21.

*** Send what is asked but don’t expect I-485 approval immediately. (You seem to be from India and EB3, PD 2002) At this time EB3 visa numbers are not available for EB3 India.

[ginnu]

Posted by Bunty2772


EB3 Software Engineer
P.D : Oct' 23, '02 TX
--
I-485 R.D: July 2, '07 NBC
I-485 N.D: Aug 21, '07 TSC
EAD cards Rcvd: Sep 5, '07
AP(I-131) Apprvd: Sep 14, '07
Biometric(FP): Oct 3, '07
--
I-140 R.D. : Oct' 13, '05 TX
I-140 LUD : 10/17, 10/31, 11/01, 11/02, 11/03, 07/22/07
I-140 App: Oct' 31, '05
--
Labor R.D. : May 20, '03 Dallas
45-day letter(Dallas BEC): Jan '05
Query DOR (Dallas BEC): Jun 27, '05
Labor Cert: July 25, '05
Labor Cert Letter: Aug17, '05


*** if your Labor RD is May 20, '03 Dallas then how do you have P.D : Oct' 23, '02????

[Bunty2772]

Sorry for the confusion. The Labor RD date mentioned below was some information that was sent to the labor department based on some query that was received on my labor petition. I confirmed that the I-140 shows P.D. as October 23, 2002. Thank you.

Originally Posted by ginnu

Posted by Bunty2772


EB3 Software Engineer
P.D : Oct' 23, '02 TX
--
I-485 R.D: July 2, '07 NBC
I-485 N.D: Aug 21, '07 TSC
EAD cards Rcvd: Sep 5, '07
AP(I-131) Apprvd: Sep 14, '07
Biometric(FP): Oct 3, '07
--
I-140 R.D. : Oct' 13, '05 TX
I-140 LUD : 10/17, 10/31, 11/01, 11/02, 11/03, 07/22/07
I-140 App: Oct' 31, '05
--
Labor R.D. : May 20, '03 Dallas
45-day letter(Dallas BEC): Jan '05
Query DOR (Dallas BEC): Jun 27, '05
Labor Cert: July 25, '05
Labor Cert Letter: Aug17, '05


*** if your Labor RD is May 20, '03 Dallas then how do you have P.D : Oct' 23, '02????

[Bunty2772]

Thanks a lot for your reply Ginnu. And yes, I'm from India and I understand that I will not be receiving an approval in the near future due to retrogression. I'm just making sure that my case is not slated for denial. :-)

You are correct about the fact that I did not invoke AC21 portability when I changed jobs. I read in the forums that it was fine to do it only when asked for in an RFE.

As far as the documentation for AC21 goes, I'm slightly concerned that my company will not provide a letter stating actual support for AC21. I'm working on them but in case they don't give me a specific letter, I was wondering if I could still file for AC21 based on a letter that describes my job, salary etc. but does not state my current I-485 and support for AC21. I remember some other folks here on the forum mentioning that I should be able to still invoke AC21 based on my current job description etc. Can you please comment? Thank you.

Originally Posted by ginnu

if your I-140 is approved and I-485 pending more than 180 days and you get same/similar permanent job offer then you are eligible for AC21.

*** Send what is asked but don’t expect I-485 approval immediately. (You seem to be from India and EB3, PD 2002) At this time EB3 visa numbers are not available for EB3 India.

[ginnu]

Originally Posted by Bunty2772

Thanks a lot for your reply Ginnu. And yes, I'm from India and I understand that I will not be receiving an approval in the near future due to retrogression. I'm just making sure that my case is not slated for denial. :-)

You are correct about the fact that I did not invoke AC21 portability when I changed jobs. I read in the forums that it was fine to do it only when asked for in an RFE.

As far as the documentation for AC21 goes, I'm slightly concerned that my company will not provide a letter stating actual support for AC21. I'm working on them but in case they don't give me a specific letter, I was wondering if I could still file for AC21 based on a letter that describes my job, salary etc. but does not state my current I-485 and support for AC21. I remember some other folks here on the forum mentioning that I should be able to still invoke AC21 based on my current job description etc. Can you please comment? Thank you.

you just need a letter from C
find the Sample letter below and make corrections:

TO WHOSOEVER IT MAY CONCERN


Date:
Dear Sir/Madam:

This is to certify that BUNTY SINGH is a permanent employee at our company ABCD Inc.

BUNTY SINGH has been with us since…….. His annual salary is 000, 000, and his job duties include:

XYYYYYYY, BBBBBBBB, CCCCCCCC, GGGGGGGGG…………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… ………………………...

We expect to continue employ him.

Accordingly, we respectfully request that you grant his approval of the I-485 application/Immigrant Visa in order for him and his family to obtain their permanent residency status soon. Thank you for your assistance.


Sincerely,





GABBAR SINGH

President, RAMGARH, Inc

[Bunty2772]

Thanks again. I will see what my company says..I'll post my update here..

Originally Posted by ginnu

you just need a letter from C
find the Sample letter below and make corrections:

TO WHOSOEVER IT MAY CONCERN


Date:
Dear Sir/Madam:

This is to certify that BUNTY SINGH is a permanent employee at our company ABCD Inc.

BUNTY SINGH has been with us since…….. His annual salary is 000, 000, and his job duties include:

XYYYYYYY, BBBBBBBB, CCCCCCCC, GGGGGGGGG…………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… ………………………...

We expect to continue employ him.

Accordingly, we respectfully request that you grant his approval of the I-485 application/Immigrant Visa in order for him and his family to obtain their permanent residency status soon. Thank you for your assistance.


Sincerely,





GABBAR SINGH

President, RAMGARH, Inc

[Bunty2772]

My company just agreed to support my portability efforts. They may even pay the lawyers fees. Wohoo!!

Originally Posted by Bunty2772

Thanks again. I will see what my company says..I'll post my update here..

[edmak]

What if the original petitioner Company A closed/dissolved but Company B chose to hire me w/ the same kind of job and pay. Will AC-21 apply here? By the way, both companies are owned by the same person.

[sp_0226]

I've same issue. Company A that filed my LC is dissolved by the owner and now he has company B. Can I use AC-21 with employment letter from company B? My I-140 is approved and my I-485 is pending more than 180 days. I'm just worried that if I get RFE for I-485, can I use AC-21 then?

[ginnu]

Originally Posted by edmak

What if the original petitioner Company A closed/dissolved but Company B chose to hire me w/ the same kind of job and pay. Will AC-21 apply here?
------------------------Yes, if your I-140 is approved and I-485 pending more than 180 days.

By the way, both companies are owned by the same person.
----------------------invoke the AC21

----------------------------

[ginnu]

Originally Posted by sp_0226

I've same issue. Company A that filed my LC is dissolved by the owner and now he has company B.

Can I use AC-21 with employment letter from company B?
-------------------yes.
My I-140 is approved and my I-485 is pending more than 180 days.
------------------------------invoke AC21
I'm just worried that if I get RFE for I-485, can I use AC-21 then?
--------------------better invoke AC21 now. USCIS may send long RFE with many documents to be sent to them or they can send NOID. NOID means more money to lawyer. why to delay filing request to invoke AC21 if you are eligible for AC21??

---------------------

[graphico]

Hi there? i had a few question ?

1. i am under 245I under employers petition. now i got approval I-140 ,and i got also my work authorization two times 2008 and 2010 expiration. and my I-485 still pending, last july i got an RFE, and i response that my employer cannot able to accommodate me due to the economic crisis, so, i have a new employer that same position and same salary.My question is do i need to apply again I-140 ,I-765 and I-485 while applying for the AC21? coz I'm confuse some lawyers told me that i have to . and some lawyers told me that only I-485 will re-file? can you explain this to me.


Thanks a lot...
ILL

[ginnu]

Originally Posted by graphico

Hi there? i had a few question ?

1. i am under 245I under employers petition.
now i got approval I-140 ,and i got also my work authorization two times 2008 and 2010 expiration. and my I-485 still pending, last july i got an RFE,
and i response that my employer cannot able to accommodate me due to the economic crisis, so, i have a new employer that same position and same salary.My question is do i need to apply again I-140 ,I-765 and I-485 while applying for the AC21?
----------------------- if your I-140 is approved and I-485 pending more than 180 days then you dont need to apply I-140 again. I-765 is for EAD and EAD is based on Pending I-485 and if you have pending I-485 then you can get new EAD before your EAD gets expired by filing form I-765 with fee.

oz I'm confuse some lawyers told me that i have to . and some lawyers told me that only I-485 will re-file? can you explain this to me.
-------------------------Yours post is not clear. make the steps in new post how you came to US. when LC was filed and when you I-140 was approved, when you filed I-485. when you changed job or got job with new employer. May be the lawyers are saying to apply new I-140 or I-485 if your I-140 is not approved.
Thanks a lot...
ILL

what was the RFE?did you sent reply to RFE? was RFE related to any missing document with I-485?
OR RFE was related to I-140? did the employer sent RFE responce?