Another success of AC21

S

SameerN

Registered Users (C)
By God's grace, my I485 is approved. Another AC21 case, changed 2 jobs after filing I485.

NSC, LIN-02-018-xxxxx, MI, EB3, India
Recpt date: Sep 2001
Notice date: Oct 2001

Changed job in Aug 2002 after having fed-up with original company.

Again changed job and joined the client in Oct 2002.


RFE on Dec 9th 2002, received by first employer. Very unco-operative to hand over the RFE, but finally sent to me after 2 months. Informed INS about the job change, only while replyng to RFE. Same job, same title, joined at the client location where I worked for 4 years from the original compamy that filed GC.

RFE replied to INS on Feb 18, 2003

Approval on May 14, 2003

Thanks to Rajiv Khanna, Jim Mills , Rupnet and everyone who visit this site. A great website for sharing the info for the best of everyone.

God bless us and God Bless America.
 
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Thanks,

It is EB3. No layoffs either in first company or in final company. I voluntarily choose to resign from first and second companies. The first one is desi consulting and cut the pay heavily, so I resigned. Then I resigned from second compnay because I got the permanent offer from the client where I worked for 4 years from the first desi company.

Initially the desi comany did not release me to join the client. Once I resigned, they sent release letter to join the company.

I never changed the address, as all my three companies are within 50 miles radius.
 
Thanks to every one.

The salary is 12K higher than the one mentioned in labor. As per my attorney and many other people, higher salary is not an issue at all. My attorney clearly mentioned in RFE about the current wages and the salary mentioned in labor. She also stressed that it is higher indicating that we should get atleast what is mentioned in labor.

Guys!

My old employer threatened that he can withdraw my I485 or I140 or both, when he got the RFE first to his address. But he could not do anything, as my attorney challenged them to do whatever they wish, as they do not have any legal right to withdraw I485 and I140 revoke does not matter after 6months. Ofcourse later he handed over the RFE when my attonery sent formal request and we replied to INS on 02/18/2003. By god's grace, everything is cool.


I strongly feel this is another success of AC21 and my attorney.


Good luck to all AC21 users.
 
Congratulations

I cannot understand why the RFE was sent to your employer ? Is it not supposed to be sent to you ? Also, do you or anybody in the forum know under what circumstances the RFE goes to the employer ? I hope mine doesnt. I will talk to the company lawyer and ask him to send it to me directly since I paid all the costs and its my application.
 
RFE goes to the Attorney, if your case is filed by the attorney. Since my previous attorney is also an employee of my previous company, in this case attorney and employer are same. That is the reason why, I was in a big mess. In general, private attorneys do not do such mean things.

Rarely, people file I485 on their own without attorney's help. In such cases, RFE comes directly to the applicant.
 
Hello,

I never changed my address as my all three jobs were within 50 miles radius. In fact my third job is actually the client whom I worked for the first employer for more than 4 years. I changed to my second job at 30 miles away, as my first employer ( Desi consulting) did not allow me to join the client. Immediately I resigned from my first employer to join the second company , the first employer gave me the written permission to join the clinet. Client gave me enough time to join. I though over it and joined the client as second job change.


BTW, RFE goes only to the attorney, if there is one. If there is no attorney, it goes to the applicant.

Some cases, attorney happens to be an employee of the company. In these cases, the RFE is going to the attorney i.e. your employer.


Thanks to everyone.
 
Hi Jaxen,

I appreciate your volunteering. Since my case is wierd, I think it might be useful to some people. Here are the answers to your questions.

1. The title is same in all 3 jobs i.e. Programmer/Analyst. As I told earlier, I changed two jobs using AC21.

2. 485 Details:

India, MI, EB3, LIN 02-018-xxxxx

RD: 09/24/2001 ( Filed by Employer 1)
ND: 10/23/2001

Employer 1 does not want to file EAD for me. At least he gave me the receipt notice. I heard now he is not even giving 485 receipt notices. Since I have 485 receipt notice, I did some groundwork and filed EAD in Dec 2001 and got approved in Jan 2002.


In July, client said either join them or no funds for the project. Employer 1 did not allow. So looked for another job as I crossed 6 months and joined Employer 2 in Aug 2002. Same title, same location, salary 7K+ original labor. As soon as I resgined, employer 1 gave me the written permission to join the client. So in Oct 2002, I joined the client ( employer 3 ) as direct employement. Same title , salary 10K+ original labor.

NO AR11 filed, as I did not change the address as all my jobs were very close to my home.

No G28 filed as per the new attorneys, as my first attorney ( who is also an employee of Employer1 ) accepted to handover the RFE.

Not informed to INS about any job change, as attorney said there is no need.

Dec 9, 2002 RFE came to attorney of Employer1 for self and spouse. Self RFE for Employement letter + birth affidavits + insufficent medicals and proof of non immigrant status.

Another twist is, employer 1 wrote to INS in Dec 2002 itself , saying that I resigned from them using my RFE they received.

After some fight by myself and by my new attorney, the old attorney gave me the RFE copy in Feb first week.

RFE replied on Feb 18, 2003.

( Prayed and still praying God for the approval)

Approved on May 14, 2003 for self + spouse and two daughters.

Stamped in INS detroit on May 22, 2003.


3. Extract of the employement letter.

This letter will confirm that Mr. xxxxx works for our company as a Programmer Analyst as of xxxx, 2002. His I-485 application was filed on xxxx, 2001 which more than 180 days after the filing of his I-485, Adjustment of Status application (LIN-02-018-xxxxx) through another employer. We are attaching a copy of the I-485 receipt notice. Mr. XXXXX is paid a biweekly salary of $xxxxx which is equivalent to approximately, $xxxxxx per year. We are also enclosing a copy of our Annual Report which indicates our ability to pay Mr. xxxxx's salary for the position.

Mr. xxxxxx is holding the identical position for our company that he held with his previous employer, xxxxx, Inc. which was the employer who filed and obtained approval of his application for Alien Labor Certification, in fact, Mr. xxxxx was working at our facility for us as a contract employee with xxxx, Inc. performing the identical job duties. As evidence of the contractual relationship with xxxx Inc., we are enclosing a copy of xxxxx's release of employment obligations so that we could directly employ Mr. xxxx. We are enclosing a copy of his Alien Labor Certification. Please note that the salary being offered to Mr. xxxxx meets or exceeds the salary being offered in the Alien Labor Certification certified by the DOL on behalf of xxxx, Inc. which was $xxxxx.00.
 
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Question

My I485 RD is Jan 25, 2002 and I got another better offer which I want to take up.

My current emplyer is threatening me that they would stop all processing and when and if RFE comes they would inform BCIS that I am no their employee anymore.

What would happen if they did such a thing? Also, if I dont get an RFE at all then would the interview call come directly to my address?

Thanks
S
 
SameerN,

thanks for your information, should the second or third job be permanent job? (if the salary and job title are same), dose RFE ask your
tax return, w-2, and bank statment...?
thanks.
Urch
 
hi

Who was your attorney? Would you mind sharing this info?
Thanks
SameerN said:
RFE goes to the Attorney, if your case is filed by the attorney. Since my previous attorney is also an employee of my previous company, in this case attorney and employer are same. That is the reason why, I was in a big mess. In general, private attorneys do not do such mean things.

Rarely, people file I485 on their own without attorney's help. In such cases, RFE comes directly to the applicant.
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