AC21-RFE reply by lawyer A,B, C???

R

ramavataar

Registered Users (C)
Gurus pl. comment AC21 critical case

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
 
Last edited by a moderator:
Just don’t get so panic , wait and see details of RFE , act accordingly RFE , if it is EVL and then send it through present company………

Take care,

All the best,

Shashi
 
ramavataar:

take it one step at a time. From what I see most of know more about AC21 than most lawyers bar the big guys like Rajiv. So if it is EVL, just send the latest EVL.

What is your RD/ND ...
 
Wac 02-168

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


what about laid off before 140 approval and filing 485 by myself..

incomplexity??


thanks,
Rama
 
ramavataar

What about laid off before 140 approval and filing 485 by myself


------ It seems to me that employer filed I-140 for you and you were laid off before I-140 was approved and you filed I-485 while you were not with the employer who filed I-140 but after I-140 approval, if it is true then I would like to know:
1 When you were laid off before I-140 approval, did the employer sent letter to USCIS to revoke your I-140?

2 Did he also revoked your H1 (I can guess that you transferred H1 with new employer) you can check H1 status from BCIS online and will know if that was revoked or not.

3 You stated that you filed I-485 directly, did you use lawyer or you yourself filed I-485 with I-140 receipt or with I-140 approval
4 Did you attach employer letter with your I-485?

5 What is the status of your I-140 on BCIS online status? (Take the printout)
6 do you have the approved I-140 copy?

Come back with clear answer to above.
 
Ginnu I am back with answer

Thx Ginnu to respond, comments in line below

1 When you were laid off before I-140 approval, did the employer sent letter to USCIS to revoke your I-140?

--No, they didn't send they were very very helpful they did best they could do to keep me on their payrol

2 Did he also revoked your H1 (I can guess that you transferred H1 with new employer) you can check H1 status from BCIS online and will know if that was revoked or not.

--H1 was not revoked

3 You stated that you filed I-485 directly, did you use lawyer or you yourself filed I-485 with I-140 receipt or with I-140 approval

--I filed it myself, but all the doc were prepared by company A lawyer only thing is he didn't put his name in, and so it looked like prepared by applicant.

4 Did you attach employer letter with your I-485?

No

5 What is the status of your I-140 on BCIS online status? (Take the printout)

Its like approved on march 2002
6 do you have the approved I-140 copy?

I have xerox copy of 140 approval which I always send with all my application like 485 filing , EAD, or EAD renewal, AP .

Pl. comment, I hope it might be clearer now

Thanks,
Rama
 
Re: Ginnu I am back with answer

Originally posted by ramavataar
Thx Ginnu to respond, comments in line below

1 When you were laid off before I-140 approval, did the employer sent letter to USCIS to revoke your I-140?

--No, they didn't send they were very very helpful they did best they could do to keep me on their payrol
**** Good
2 Did he also revoked your H1 (I can guess that you transferred H1 with new employer) you can check H1 status from BCIS online and will know if that was revoked or not.

--H1 was not revoked
** Good
3 You stated that you filed I-485 directly, did you use lawyer or you yourself filed I-485 with I-140 receipt or with I-140 approval

--I filed it myself, but all the doc were prepared by company A lawyer only thing is he didn't put his name in, and so it looked like prepared by applicant.
*** that is OK it is not a must that lawyer should file I-140
4 Did you attach employer letter with your I-485?

No


6 do you have the approved I-140 copy?
Its like approved on march 2002

I have xerox copy of 140 approval which I always send with all my application like 485 filing , EAD, or EAD renewal, AP .
*** that is good, if possible get the copy of LC approval from the lawyer who filed or from employer who filed and check Form ETA 750A and note doen the skills in column 13, new employer letter should have same skills on future job offer letter
Pl. comment, I hope it might be clearer now
****** The RFE is for employer letter becase they did not find any employer letter with I-485 and I hope it is last stage of your I-485. read the RFE and send new employer letter for furure perment job, recent W-2, recent 2-3 paystubs and use AC21, use the services of any lawyer. no need to worry. come back to us after you get RFE letter and let us know what they have written.
you could have avoided RFE if you could have sent the new employer letter to use AC21 earlier, becase new letter would have been on top of the I-485 file and USCIS or the officer who puled out your file have found new employer letter and he would have never tried to look for past employer letter.
** I know 2-3 similar cases like you, who filed I-485 with out employer letter. 2 cases were sent to local USCIS for Interview and at the time of interview they provided new employer letter and both the cases were approved, Local USCIS officer never said or asked why they did not file employer letter with I-485. 1 case was approved from VSC after the person got RFE and used AC21 and supplied Intent change letter to use AC21 and new employer letter and got approved in a months after RFE responce was recieved by VSC.

*** I think your I-485 will be approved after they get RFE responce .update us what is happening with your case.
Good Luck!!
Rama
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Oops I never knew I could avoid RFE

Thank you Ginnu very much..

I never knew I could have avoided....

I used to read lot about AC21..but I forgot that i didn't send Employment letter before.........

I dont know if I messed up

at the same time company c(present company) filed for H1 transfer ..but gor RFE on H1 extension..so I am asking to withdraw H1 extension but to go ahead with H1 transfer only

Should I use company C lawyer or Company A or both

-Rama
 
Re: Oops I never knew I could avoid RFE

Originally posted by ramavataar
Thank you Ginnu very much..

I never knew I could have avoided....

I used to read lot about AC21..but I forgot that i didn't send Employment letter before.........
------ the reason is many post wait for RFE then send AC21 but I am of the openion that one should update the USCIS when change employer and invoke AC21
I dont know if I messed up

at the same time company c(present company) filed for H1 transfer ..but gor RFE on H1 extension..so I am asking to withdraw H1 extension but to go ahead with H1 transfer only
------- I dont remember your H1 matter.

What do you mean by company C filed H1 extension? have you been on H1 of C, if you are with C on H1 then they need to file H1 extension. Not Transfer. who filed H1 transfer and who filed H1 Extension A, B, C or what company?
one canot file H1 extension from company X and file H1 transfer with Y at the SAME time or if H1 extension is pending. I dont know your full H1 details.
Should I use company C lawyer or Company A or both
------- you are working with company C or A or B? if you need to file extension of H1 then let the lawyer of the company where you work file H1 extension. If you are filing H1 transfer from X to Y then company Y lawyer will file H1 transfer( with recent pay stubs from past company) remember many lawyers screw up the H1 transfer and file as NEW FRESH H1, inform the lawyer you need H1 to H1 TRANSFER and NOT NEW FRESH H1
-Rama
Click to expand...
 
H1 connection

Ginnu,

pl allow me to bring brief history...

I joined C on EAD, and had to renew EAD missed by some days ..i mean filed EAD renewal before 76days of EAD expiry...so filed for H1 transfer so that I can work for days between EAD expiry and Interim EAD ..


After Interim EAD i switched back to EAD, and now I also got regular EAD after Interim EAD

Now we got RFE on H1 extension so I am asking my lawyer of company C to withdraw H1 extension and only go ahead with H1 transfer

Thanks,
Rama
 
Re: H1 connection

Originally posted by ramavataar
Ginnu,

pl allow me to bring brief history...

I joined C on EAD, and had to renew EAD missed by some days ..i mean filed EAD renewal before 76days of EAD expiry...so filed for H1 transfer so that I can work for days between EAD expiry and Interim EAD ..
------ did you file H1 transfer before your H1 expiry date? how you can file H1 if EAD was USED?? I am confused and dont know your full details, better go to lawyer and sort out

After Interim EAD i switched back to EAD, and now I also got regular EAD after Interim EAD
----- It means you have used EAD and you are using EAD. you are not eligible for H1 Extension or Transfer, your new Company can only file NEW H1 for you and you will not get any I-94 attached with approval. exit us get H1 Visa stamp then enter on H1 status if you want to be on H1 status.
Now we got RFE on H1 extension so I am asking my lawyer of company C to withdraw H1 extension and only go ahead with H1 transfer

----- After using EAD H1 extension or H1 transfer will not be approved, using EAD invalidted your H1 status. you are not on H1 status and you cannot file H1 extension or H1 extension
Thanks,
Rama
Click to expand...
 
Lawyers update

------ did you file H1 transfer before your H1 expiry date? how you can file H1 if EAD was USED?? I am confused and dont know your full details, better go to lawyer and sort out


Yes, by reading ur comments I am also confused


----- After using EAD H1 extension or H1 transfer will not be approved, using EAD invalidted your H1 status. you are not on H1 status and you cannot file H1 extension or H1 extension

My lawyer was saying that they may approv H1 transfer but may reject H1B extension, because I didnot maintain H1B status..in this case I may need to go out of US and comeback and also she is not sure if this will be H1 transfer or new H1, but as i understant she filed for H1 transfer and H1b extension, I am asking to withdraw H1 extension instead of replying to H1b extension RFE

Thanks Ginnu

Rama
 
Re: Lawyers update

Originally posted by ramavataar
------ did you file H1 transfer before your H1 expiry date? how you can file H1 if EAD was USED?? I am confused and dont know your full details, better go to lawyer and sort out


Yes, by reading ur comments I am also confused


----- After using EAD H1 extension or H1 transfer will not be approved, using EAD invalidted your H1 status. you are not on H1 status and you cannot file H1 extension or H1 extension

My lawyer was saying that they may approv H1 transfer but may reject H1B extension, because I didnot maintain H1B status..in this case I may need to go out of US and comeback and also she is not sure if this will be H1 transfer or new H1,


but as i understant she filed for H1 transfer and H1b extension, I am asking to withdraw H1 extension instead of replying to H1b extension RFE
----- This is the first time I am reading that you can file H1 extension AND H1 Transfer at same time. FYI the H1 extension is filed by the same employer who is your valid H1 holder and H1 transfer is filed by diffrent employer it is H1 to H1 transfer with new company and For H1 extension or H1 transfer you need recent pay stubs. If I read correctly you have used EAD and H1 extension or H1 tranfer can not be filed for you. I am sorry to say your lawyer is not good. if you wanted H1 then he/she should have filed NEW Fresh H1 for you, once approved go out of US get H1 Visa stamp and enter on H1 status if you want to be again on H1 ( remember in India Bombay and Chennai consulate create problems for H1 or H4 Visa stamps these days)
--- File your AP and always keep valid AP with you and always file EAD extension 6 months advance and also file AP 6 months advance

Thanks Ginnu

Rama
Click to expand...
 
RFE recvd- Help pl.

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
 
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