AC21-panic situation-pl help

R

ramavataar

Registered Users (C)
hi! Friends,

Finally RFE has been generated on my AOS case..as per AVM

company A filed for bankruptcy (in Oct 2002) before my 140 was approved...though the company is still alive for court settlement etc...

I joined consulting company B on H1 transfer and found 140 got approved from A, contacted A's lawyer he helped me file 485 but didn't put his name on application..

had to change job to C as similar job as A, now working for 1 for more than 1 year..in between I got 2 EAD/AP..

Lawyer A,B,C represent company A, B, C respectively

Now RFE has been generated Lawyer A has promised to help me with RFE..should I prepare RFE response from Lawyer A or Lawyer C

I guess Lawyer A can throw more light on company A and he had responded RFE on 140 before and he has much information about company A

Lawyer C, will be free of cost to me, but she dont know much of the detail..I dont know how much competent she is

should I go with big lawyers like Shila Murthy, Rajiv Khana, strustman

Pl. take into consideration..though 485 has been pending for > 180 days...I filed 485 on my own..after getting out of company A, on the belief GC is for future employement and one is not required to work during GC processing..

This is like panic situation for me and my wife..who is pregnant

Thank you for reading and replying (if yes)

-Rama
 
1. Don't panic, you are not in any kind of "situation". What you are undergoing is pretty common, enough people have been where you are and received their approvals.
2. Find out what the RFE is for, if it is for something simple like W2's, EVL, marriage certificate, etc. Then your company lawyer can very well help you deal with it.
3. Getting a big name like Rajiv Khanna, will definitely help as far as your peace of mind is concerned, but make sure you need their expertise.
4. Once you decide upon a lawyer, it is always better to have a G28 with the lawyer's name on file.

Hope that answers most of your questions, good luck with the AOS and more importantly the upcoming baby! :)
 
Could you post your WAC # and RD/ND please?

I think you should stick with Lawyer A. You dont need a big name like Rajiv or Shusterman (no offense meant here ... :-) ) from what you have presented so far. You come under AC21, fair and simple.
 
hi again

140_takes_4ever,

Wac 02-168-xxxx
RD 04/23/02


I know this may be typical case..but there are issues like..

laid off from A before 140 approvaland filed 485 myself..

I am currently working on EAD

to add more complexity..C is trying to file for my H1 extension also..should i stop it

-Thanks,
Rama
 
ramavataar,

Once again, no worries mate, take a look at the following link that closely follows your 140 saga. It explores the loop holes in more detail and has commentry by Bitterman.

http://www.immigrationportal.com/showthread.php?s=&threadid=125058

Bitterman, is definitely the best amateur lawyer we have on board. and if something will work in his opinion, I would consider is solid.

I would go ahead with the H1 extension if I were you. As long as you are not paying for it, it makes sense to have backups. And as far as lawyers go, as I mentioned before, if the RFE is not difficult, I would go with the free lawyer from your company as compared to Lawyer A or any of the big names.
 
thanks 140_takes_4ever

thanks 140_takes_4ever


I am trying to get second opinion from Shila murthy and/or Rajiv khanna...

I will try to take consulatation..I really scared

Thanks,
-Rama
 
RFE recvd Help

hi! Friends,

asked for

1) photo <<< no problem

2) EVL << no problem

3) Petitioners ability to pay:Provide evidence of the petitioner's ability to pay beneficiary's wage. The petitioner must demonstrate this ability at the time of priority date is established and continuing until the benediciary obtains lawful permanent residence. Evidence of thid ability shall be either in the form of copies of annual reports, federal tax retuns, or audited financial statments<<<

In the light of AC21 how much company C(startup with 60+ people, good financial condition) Can provide this.

I had to work for Company B on H1, had terminated from company A before 140 approval, 140 approval took 1 year. Now working for company C on EAD..Its now 2 years for pending AOS total.

Had to leave A before 140 approval and had to change company to B before 180 days is scary part for me..I have read lot of doc. about GC for future job..my 140 is still in approved state..Company A(startup of 300+) is still in bankruptcy.

Company C lawyer is also confused and company B name had been kept secret by me till now.
Company A lawyer was supporting, and he had recommended to file 485, 2 year back.

Pl. show me some light

-Thanks
Rama
 
Rama,

Infact i'm also in same kind situation where you are. but my RD is 07/2002. My I-485 (Without any attorney Representation) filed after i left the company A. When my I-184 filed, i'm was with Company B which was different Job title. So I changed to Company C to have the same job title and wage as mensioned in Labor. I did apply EAD and AP two times and got approved without any RFE.

I'm dealing with Company A attorney to represent my case at this stage. I asked whether i'm eligible for AC21 law, then see the reply that i got it from the Company A attorney.

"This is actually a really grey are of the law because the INS will need to determine your intent concerning your employment with Company A. When you filed the green card application both you and the company stated your intent that you would join the company once the green card was approved (or sometime before then) - but from your email it looks like you have never actually joined them after Filing I-485. If the question ever comes up - it will be very difficult for you to establish that you had every intention of joining the green card petitioning employer.

If there is an RFE on your file (and there will be because it has been pending for so long - we are getting them for every file) and they request tax returns for the past three years and W-2s it will be obvious that you have never been employed with Company A. This will probably open the door to other questions and probably another RFE.

We can file the AC21 paperwork, we draft a letter for you and for your new employer to sign ( I just need to know your job title, salary and a company website) as well as submit other supporting documentation. If the INS doesn't ask, you'll probably be fine. If they do send out an RFE for your case - it will become clear that you never worked for Company afterI-485 and I honestly do not know what they will do at that point.

In the past, I had a client that was working for the employer but never worked at the job site they listed, the INS sent out an intent to deny. Given that you've never even worked for the company - they will probably do the same.

Either join Company A for a while and then port to a new company B or just wait for the RFE and have Company A respond then or join them then."

I'm not intent to scare you, but i got scared after seing this reply. Please let me know if you find any good Attorney. It is such a coincidence even my wife is pregrent.

Wish you Good Luck.

Jalach.
 
Jalach, I was working for Company A

Jalach,
I was working for Company A and I had all the intention to stay with them for full course. But company filed for bankruptcy..and this is the situation in which condition was not in control of applicant and in such scenario 140 remains valid if 485 is not adjuncted in 180days..

my 2 cents, I dont know how company C will reply to RFE, I have till july to respond

I have recvd RFE on my AOS case

1) photo <<< no problem

2) EVL << no problem

3) Petitioners ability to pay:Provide evidence of the petitioner's ability to pay beneficiary's wage. The petitioner must demonstrate this ability at the time of priority date is established and continuing until the benediciary obtains lawful permanent residence. Evidence of thid ability shall be either in the form of copies of annual reports, federal tax retuns, or audited financial statments

The petitioner is requested to proved this evidence from 2001 to the present..


thanks
Rama
 
AC21 - Job verification letter

Folks,

Could you please post the link (if at all one in this forum or details) which describes an employment verification letter for a beneficiery using AC21 Law.

I have my I-140 cleared, >180 days from I-485 RD date and would like to use AC21

Thanks
 
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