AC-21 and RFE

M

Mr. India

Registered Users (C)
AS per the rule I informed the USCIS about my employer change and what I get is a nasty RFE.

The RFE says.

1. Proving AC1 eligibility
2. New G-325A
3. Proof of continuos Employment.(I-979, I-94, EAD )

Is it comman to have this kind of RFEs or is it because I used a substitute labor that I'm getting this?

I have never worked un-authorized and have all the requested document it's just that this kind of letters gives me sleepless nights.

Do any one else had to go thru this kind of RFE?

Thanks in advance for your advice/comments.
 
Mr. India said:
AS per the rule I informed the USCIS about my employer change and what I get is a nasty RFE.

The RFE says.

1. Proving AC1 eligibility
----------- new permanent job offer leter with same/similar job duties
2. New G-325A
----- May be lost or misplaced or lawyer may have forget to send with I-485. provide new G-325A (keep the copy of each document you send)
3. Proof of continuos Employment.(I-979, I-94, EAD )
------------may be I-485 file does not have valid I-94, nothing wrong if you have been in status provide what is asked.
Is it comman to have this kind of RFEs or is it because I used a substitute labor that I'm getting this?
-----------many get more documents to provide then your RFE
I have never worked un-authorized and have all the requested document it's just that this kind of letters gives me sleepless nights.

Do any one else had to go thru this kind of RFE?

Thanks in advance for your advice/comments.
Click to expand...
 
Something should have triggered USCIS to send RFE. I don't think it should be your AC21 filing. Normally, AC21 filing just stays in your file until the time USCIS decides to process your I-485.

Have you noticed any LUD/message changes on your I-140 lately? You said yours was a pre-approved labor. Did you had your sub-labor job information at the time for filing AC21?
 
My I-140 status is still showing up 'Approved' and NO it is not a 'NOID' the subject of RFE says 'Request For Evidence.

My Lawyer matched the 'Proflile' and made sure the position name is same as approved labor.It could be just std procedure since I submitted the AC21 in Feb 2006.May be they started working on my case.

But they did mention in thier RFE that pur records show that you have changed the company or claming portability as per AC21, Please prove following

1. you were eligible to use AC21!
2. Valid H1-B status thru out.
3. Current EAD and G325.

My lawyer says it normal std query that can come to any person. We have been given 60 days to respond.

We'll apply within 2/3 weeks, but just wanted to check out if other people also are requested so many documents even though they were sent with the I-485.

Thanks.
 
Hope your RFE matter gets settled smoothly. Good Luck, keep posted.
Also initially when you initially informed USCIS about change of job, did u send the docs like Employment verification letter, tax returns, pay stubs etc? What exactly did you send ?
which service center are you under?

thanks,

Mr. India said:
My I-140 status is still showing up 'Approved' and NO it is not a 'NOID' the subject of RFE says 'Request For Evidence.

My Lawyer matched the 'Proflile' and made sure the position name is same as approved labor.It could be just std procedure since I submitted the AC21 in Feb 2006.May be they started working on my case.

But they did mention in thier RFE that pur records show that you have changed the company or claming portability as per AC21, Please prove following

1. you were eligible to use AC21!
2. Valid H1-B status thru out.
3. Current EAD and G325.

My lawyer says it normal std query that can come to any person. We have been given 60 days to respond.

We'll apply within 2/3 weeks, but just wanted to check out if other people also are requested so many documents even though they were sent with the I-485.

Thanks.
Click to expand...
 
Last edited by a moderator:
Mr. India said:
My I-140 status is still showing up 'Approved' and NO it is not a 'NOID' the subject of RFE says 'Request For Evidence.

My Lawyer matched the 'Proflile' and made sure the position name is same as approved labor.It could be just std procedure since I submitted the AC21 in Feb 2006.May be they started working on my case.

But they did mention in thier RFE that pur records show that you have changed the company or claming portability as per AC21, Please prove following

1. you were eligible to use AC21!
2. Valid H1-B status thru out.
3. Current EAD and G325.

My lawyer says it normal std query that can come to any person. We have been given 60 days to respond.

We'll apply within 2/3 weeks, but just wanted to check out if other people also are requested so many documents even though they were sent with the I-485.

Thanks.
Click to expand...

I am in the process of doing AC21. As far as I have researched various forums, I did not come across a case where USCIS sent an RFE after sending AC21 docs.

I think what you have is an employment verification RFE (like the one Nebraska Center sends now a days). It is possible that while sending an RFE they came across your AC21 in your file. It could also be that the original lawyer did not file your I-485 rightly with all the necessary H1 approvals etc..

If you have I-140 approval and I-485 receipts and other documents just send it along with a copies of relevant AC21 sections and memos in your reply. Good to know that atleast they have taken your AC21 seriously and mentioned that in the RFE letter. I would think this as a routine RFE.
 
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