485 - Changing jobs and RFE

M

Manish Anavkar

Registered Users (C)
485 was filed on Nov. 12th 2002
Finger Printing done on Dec. 19th 2002

My company changed their bench policies and I'm on the bench since Dec. 2002 and thus haven't got paid since then. It's been 6 months and they are not actively trying to place me anywhere or find a project for me and I want to change my job. I've couple of questions and it'll help me a lot if somebody can answer them as soon as possible.

1. Does BCIS send RFE (asking for W-2, latest paystubs and employment letter) for each and every case these days? None of my friends who got their GCs last year received RFE. What are the chances of that happening in my case?

2. I'm thinking of changing my job (under AC-21) since 180 days have passed since filing 485. The offers that I'm getting are from other consulting companies who are ready to pay only when I'm billable and there's not guarantee how long the project will last. Is it alright to change my job to such companies? Are there any chances of receiving RFE because of change of job? Are there any chances that they might send my case to local office for interview? Is it a good idea to move to some other state for a new job? Will change of address cause any delays or issues?
 
Manish

I know of only two cases that were approved in recent times without RFE - there are no stats on this, but it can be considered rare.

Everything you do such as change jobs, address etc etc, should theoretically be legal and not raise brows; but this is the BCIS you are dealing with.

good luck...
 
I am also in similar situation. My suggestion is to make sure that you always work on W2 not 1099. Even if you change jobs, it only matters whether at the time of RFE/interview if you had pay stubs and employment letter.
Other thing you should make sure is to keep the salary as close to the LC(labor petition) salary as possible.

WAC02064----
RD 12/12/01
 
Manish, do you have EAD? Why are you looking for consulting companies? With EAD you can work for any employer.
 
standard RFE

1. if the Employment Offer Letter is older than 1 year when they
open the file...they will ask for a new offer letter. The RFE
which I received clearly mentions that the letter they have
is dated older than an year..

2. They ask for an explanation if you are not working for the
sponsoring employer...I think this is for AC21 case..in case
the current pay stubs are not from the sponsoring employer
This is what I had in my RFE...

At the present rate ....there are chances that every case
will have an RFE until and unless CSC changes its policy
of 1 year expiration on employment offer letter...

You shd try to find an employer immediatley so that you have
W-2s and pay stubs to support your case in case there is an
RFE.
 
Hi Everyone!!!
Thanks for replying to my queries.

Tasse -> Yes I've my EAD and I'm looking for consulting as well as permanent jobs but currently I have offers only from consulting companies and most of them don't pay on the bench. Only better option with them is that my current employer doesn't have a marketing person to place me and these companies have recruiters/marketing teams to place me.

yajiv99, garu1gsr -> From the RFE you received, looks like they are asking for explanation if you've changed the jobs, if you're unemployed (or on the bench?) and W-2 doesn't have income mentioned on your LC and how you supported yourself etc. So I can always say I had a good reason to change the job because I was not getting paid on the bench by petitioner. I'll ask these questions to my lawyer and post here what I get to know.

Thanks once again for your timely replies.
 
You must log in or register to reply here.
Top