AC21 case RFE received – Please help

G

GC_by_2003

Registered Users (C)
Gurus please help and advise on my RFE.

My case is a AC21 case. The company that filed my I-140 and I485 laid me off last year. They gave a formal termination letter stating "..due economic/market conditions...terminating my employment" I have good relations with my old company and also with the lawyer that represented me. As per advice of old company and the Lawyer, did not inform BCIS about job change. They said you can inform them if I receive a RFE.

At the time of job change,180 days have passed since filing my I485 (256 days to be precise).I was able to find another Job in the same city with the same job duties as motioned in the LC. The salary in my new job is 6K more then the salary mentioned in the LC. The start date of new job was 286 days after filing I485. I have last 11 months of continuous pay check from the new company. There was a gap of 5 weeks between the old job and new job.

The RFE (Blue color notice) that my lawyer received asks for:

"Submit an original letter on company letterhead from your prospective employer who filed Form I-140/I-360 on your behalf stating their continued interest in hiring you, duties to be performed, and remuneration."

Questions:
1. Please advice what documents that I should send for the above RFE?

2. Can I send the RFE by myself? Lawyer is asking $1000 reply to this RFE with AC21 letter. I do have a copy of LC with job description and salary and I-140 approval copy. Lawyer is ready to send the RFE document to me and let me do it myself. He is not putting pressure on me to pay $1000.

3. Since my new salary is 6K more then the one mentioned in the LC - will it be an issue?

4. Should I attach the termination letter from old company? The termination letter did not mention that they will re hire me in future (but I have good relations with them)


Those who went through similar situation, please advice.

Thanks in advance for the help.

I 485
RD : 23Jan. 2002
ND : 04Feb. 2002
2nf FP: 05Aug. 2003
RFE: 30Sept. 2003
Spouse received 2nFP –schedule date 4th Nov. 2003
 
1. Please advice what documents that I should send for the above RFE?

Send a letter from the current employee stating your job title and responsibilities and also mentioning about AC21 usage(make sure they are similar to your original title/responsibilities)

2. Can I send the RFE by myself? Lawyer is asking $1000 reply to this RFE with AC21 letter. I do have a copy of LC with job description and salary and I-140 approval copy. Lawyer is ready to send the RFE document to me and let me do it myself. He is not putting pressure on me to pay $1000.

Yes, you can do it yourself.

3. Since my new salary is 6K more then the one mentioned in the LC - will it be an issue?

Shouldn't be a problem.

4. Should I attach the termination letter from old company? The termination letter did not mention that they will re hire me in future (but I have good relations with them)

It is always better to attach it to show that you had every intention to work for the previous company.
 
To me it looks like that you are well covered, though I could not understand why they would want to know if the previous company continued to have an intention to re-hire you. The AC-21 law does not have any thing regarding this intention. All it says is that at least 180 days should have passed and the job responsibilities should be similar. What if the company goes bankrupt after 180 days and shuts down? Can anyone still prove the the company continued to have the intention of re-hiring someone who was laid off? BCIS guys are full of bullcrap. But going strictly by law, you are in a safe and sound position. Your LC continues to be valid per AC-21 and you are making more money than what your LC required. Also your job responsibilities are similar. Take it easy. But I'd recommend that you should go through a good attorney. All the best and let us know how goes it.
 
GC_by_2003

I believe you are well covered. In my view, it is not necessary to provide termination letter from previoud employer or submit all paystubs. It will only raise more questions. I think your lawyer should claim AC21 benefits and produce the current employer's letter with title and job duties. Make sure the job duties match as much as possible with the LC. Getting 6K more is always good.
Don't handle the RFE by yourself.

It is a request that once your case gets approved, would you please post your details about RFE response and your approval status. We understand that people with GC approval do not feel like visiting this website again, having gone through a lot of stress for several years chatting at this forum but it would help others with information.
 
gcard2002
Thanks for your encouraging words and advice.
I will certainly keep the forum updated about my progress in this case.
 
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