hi guys
thanks for your great help via this forum,,, I need your opinion of following matter….. thanks in advance///
i filed my gc (pd 05/2004) from emloyer for whom i never worked...(as prospective employer)...EB3.. India
i am on h1b since 2003... i changed employer 4 times with transfer of h1b and right now i hold current h1b for eight year...
my labor was approved and and we filed I140 and I485 in july 2007...
my ead and finger print was done and after one year i renew ead for 2 years.
in march 2009 i got rfe for I 140 for ability to pay.. the company was not making enough net profit to cover salary of existing person and new employee which is myself,,, we send all requested documents and send a letter saying once i will get my GC, i will replace the current employee whose salary is already being paid by company....so i replace him and net profit of company will have no effect....
I 140 was approved .....
by now its more than 365 days i applied for I 485 and I 140 is approved....
last week I got RFE from USCIS on my I 485 saying send G325 for me and my wife and evidence to establish employment history listed on G325 (w2, pay voucher, Income tax return) and current dated letter from intended permanent employer describing your present job duties and position in organization, your proffered position, if different from current position, the date you began employment and the offered salary or wages. This letter must be in original and signed by official who is authorized to make permanent employment decision. The letter must also indicate whether the terms and conditions of your employment based visa petition or labor certification continue to exist. If you have changed employer since filing your application for adjustment of status, please submit a statement which lists the names and location of all employers you have had in the US and the beginning and end dates of each position unless included in G325A.
I am suppose to file AC21 anyway because last month I changed employer and we filed for H1B transfer and I was waiting for H1B approval and wanted to file AC21 with current employer and last I week I received RFE for I 485…
Recap : I never worked for employer who filed my GC, I 140 had RFE for ability to pay and we stated that I will replace current employee as soon as I get GC and now I have RFE on I 485..
Question: Should I file AC21 right now with current employer or I should respond to RFE with letter from employer who filed my GC originally and once RFE gets cleared, I should file AC21 ?
What is the risk if I file AC21 right now in response to RFE received for I485 ???
thanks for your great help via this forum,,, I need your opinion of following matter….. thanks in advance///
i filed my gc (pd 05/2004) from emloyer for whom i never worked...(as prospective employer)...EB3.. India
i am on h1b since 2003... i changed employer 4 times with transfer of h1b and right now i hold current h1b for eight year...
my labor was approved and and we filed I140 and I485 in july 2007...
my ead and finger print was done and after one year i renew ead for 2 years.
in march 2009 i got rfe for I 140 for ability to pay.. the company was not making enough net profit to cover salary of existing person and new employee which is myself,,, we send all requested documents and send a letter saying once i will get my GC, i will replace the current employee whose salary is already being paid by company....so i replace him and net profit of company will have no effect....
I 140 was approved .....
by now its more than 365 days i applied for I 485 and I 140 is approved....
last week I got RFE from USCIS on my I 485 saying send G325 for me and my wife and evidence to establish employment history listed on G325 (w2, pay voucher, Income tax return) and current dated letter from intended permanent employer describing your present job duties and position in organization, your proffered position, if different from current position, the date you began employment and the offered salary or wages. This letter must be in original and signed by official who is authorized to make permanent employment decision. The letter must also indicate whether the terms and conditions of your employment based visa petition or labor certification continue to exist. If you have changed employer since filing your application for adjustment of status, please submit a statement which lists the names and location of all employers you have had in the US and the beginning and end dates of each position unless included in G325A.
I am suppose to file AC21 anyway because last month I changed employer and we filed for H1B transfer and I was waiting for H1B approval and wanted to file AC21 with current employer and last I week I received RFE for I 485…
Recap : I never worked for employer who filed my GC, I 140 had RFE for ability to pay and we stated that I will replace current employee as soon as I get GC and now I have RFE on I 485..
Question: Should I file AC21 right now with current employer or I should respond to RFE with letter from employer who filed my GC originally and once RFE gets cleared, I should file AC21 ?
What is the risk if I file AC21 right now in response to RFE received for I485 ???