2nd RFE - Job change before 180 days

D

dotnetgc

Registered Users (C)
I got 2nd RFE that ask to provide info about end date of employment with petitioning company and start date of current employment. First RFE was about employment letter from prospective employer. I responded that with job letter from current letter without mentioning start date which is before 180 days. Now got the 2nd RFE. Is there any one out there who got successful approval using AC21 portability before changing ( I was actually laid off) job 180 days. Any info will be highly appreciated.

Rd Nov 2, 2001
Nd Nov 26, 2001
Center: NSC
:confused:
 
I too am AC21 case

I had joined the new employer after more than 180 days. I got an RFE for current employment letter. I mentioned the start date of employment. Even though I got the new job before 180 days were up I negotiated with new employer saying I will join only after 180 days

My case was approved without any issues.

Hope this helps
 
greenpeace,

Did your RFE ask about the end date of the first employment? Seems like it was before 180 days. So it doesn't matter as long as the start date of the 2nd job is after 180 days?
 
My rfe just said give current employment letter. Nothing about dates.

Yes start date of 2nd job should be after 180 days.

To be on the safe side
 
I think if you can negotiate with your old and new employer regarding the end and start date to be after 180 days, you will be able to get away with it
the concern is what if you were laid off couple of months before 180 days and they ask you for your pay stubs, then will you be able to provide them?
Also if you tell them that the end date was before 180 days, they will deny your case for sure.
 
guju:

I dont think they will deny the case if the I140 has not been revoked. They might ask for more details.

The AC21 law says that the case should not be adjudicated within 180 days and should have a approved 140
 
Thanks all of you

My I-140 is not revoked and my old company told all of us during laying us off that they will not going to do anything about I-140. The company want it very much that we get GC so that if economy improves company can hire us back. There were arguments by Carl Shusterman and Shila Murthy that if someone laid off before 180 days it should be ok to get GC as the intent was not changed. Wondering is any one out there who successfully got GC arguing that interpretaion.
 
I got approved after 2nd RFE (AC21). The 1st one was employment letter for which I sent letter from new employer. 2nd RFE was like " It appears that your new emploeyer is different from the one in I-140. Kindly identify new employer, by providing job title, requirements.........". Attny was unable to aunderstand why I got 2nd one. He suggested to send another one. I sent another letter in detail which included salary, job titile, start date, requirements, description about new company etc...
 
I am sorry for my choice of words
I was under the impression that the 140 was withdrawn that is why I said that it will be denied for sure
My bad, if 140 is not withdrawn then it will not be denied but ofcourse they will ask for verifications, also i have heard that the date they consider when it comes to 140 revocation is not the date the employer withdraws it, but the date BCIS actually starts work on it, so it gives you a month or two buffer.
 
You must log in or register to reply here.
Top