AC21 RD Sep 26-'01 - Got RFE

D

dallas1

New Member
:( Guys, I have called INS three times since October, the first time they told me case assigned, wait a few weeks. Then I called on Nov 6 and was told RFE was generated in your case. Asked for details, but the officer told me that they cannot see any details in their computer screen. The online status was not updated(still playing old message), so I decided to call Nov 13 to ask if there really was an RFE on my case, and was told yes, we don't know why the online status has not been updated.

I am concerned because I switched jobs and started working for a different company exactly 6 months after the RD of my 485. I am making as well over 20k more as to what was declared in my labor certification, although the position that I have is very similar to the original one.

Has anyone been in a situation similar to mine?

Please advice

Thanks
 
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You are early

I think you are needlessly concerned about the status not be up-to-date and the RFE not received.

RFE will be received by your attorney, assuming you used one. Probably for Pay Stubs, W2, etc. My attorney told me I could do whatever I wanted after 6 months, even at lower pay, as long as the job description was similar.

My guess is your RFE was issued in November, give it another week and you needn't be anxious.

Harris
 
Lower pay

I would be remiss if I didn't add this to my prior 'even at lower pay' comment. I would think lower pay, although can be justified based on the current economic outlook, still should be above that noted on your labour application.

Having said that....

Even the labour amount can be contested under certain circumstances. For example, if you are working in a state where:
prevailing wage = 50K
Your labour states 100K
But you now earn 80K

Using the 'economic outlook' argument the application would still have a good chance of being approved. I am not an attorney, but I certainly had a similar conversation about this with him.
One obviously should try to avoid this situation, should one find themselves in this situation, there appear to be defenses available.

More than what you asked for perhaps it will be useful for others.


Harris
 
Dallas1,

I am in the same boat as you..Heard from IIO that i got RFE, but still AVM is not updated.
Also i used AC21 and changed job after 8 months of 485 filing, also working on a hourly paid consulting company, so little bit scared whether i can get any letter from them like continued employment, if INS ask that


Keeping my fingers crossed and waitinggggggggggggg......
 
EAC number

Dallas1 .. whats the first few digits of your EAC number ??
My RD is same as yours and RD is EAC-041-51***

Thanks.
 
My case # EAC-02-041-53***

It seems like there were a few september cases that are with a very slow Agent, that probably generates a high number of RFE's.

Indeed i used an attorney, which was sponsored by my previous company. I have not retained their services yet, but it seems like they are willing to continue representing me. Last week i called them to see if they got the RFE, and the lawyer said that i could potentially respond to the RFE on my own if it is something simple. I am not totally convinced of this, because probably it will be for emplyment letter pay stubs etc.

Still have not received the RFE, but will post details as soon as i get it.
 
It took almost 10 days for online system to update after I learnt from an IIO that an RFE was generated on my case. I think they will update the system after the RFE noticed is mailed out.

Sajyra
 
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