AOS RFE-recvd, AC21, company closed before 140 approval,lawyer problems

R

ramavataar

Registered Users (C)
hi! Friends,

AOS RFE asks 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<<<



The petioner is requested to provide this evidence from 2001 to the present


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.



To add some more complication, my lawyer(company C) was trying to transfer H1, keep in mind I joined C on EAD. I dont what she is doing..as per experts on forum...once on EAD invalidated H1 status and transfer is not possible..

dont know which lawyer to use company A's, or company C's

Pl. show me some light

-Thanks for time and help
Rama
RD: 02-168-xxxx
 
From your post it seems that your I-140 is approved. Hence you are eligible to use AC-21. When you have left the company A or Company B does not matter now.
Since you are working for company C forget about all old companies. Just send the Documents related to company C and letter saying you are using AC-21.
You should not hide any thing from attorney. It will be deathblow. Sit with attorney explain as if a new case.

You applied GC through company A and now you are working for company C. Unless I am missing some thing So many people are doing same thing including me. That may not so complicate issue.
 
I didn't quite understand the following:
...and company B name had been kept secret by me till now.
Though our situation doesn't seem as complicated as yours, our lawyer is also concerned about layoff/change of employer before 180 days after filing 485. But from my own interpretation of the USCIS AC21 memos, postings by fellow members on this forum, and Q&A on reputed lawyer web sites such as murthy.com and shusterman.com, my feeling is that you (and I) should be able to take advantage of AC21 since the 140 is approved, 485 remained unadjudicated for 180+ days, new job is in same/similar job category. I would say go through lawyer with your latest company since you need to send evidence from Company C. Don't worry about H1 now. Just fight till the finish and get the darn GC. I'm in the same boat. Cheers and Best of Luck.
 
clarifications

thx mavishka,tammy2

...and company B name had been kept secret by me till now.

when I was trying to move out from company B, i was on bench and I was desperately looking for job, so to grab opportunity I asked to use EAD and they never asked if this is from company A or B, but they asked if AOS has been pending for more than 180 days..then i said yes..

Tammy2, I have little confidence in lawyer C but she is mature lawyer..may not be comfortable with AC21, I just want to make my case look as normal as possible..


final part of puzzle

what is meant by 3 part
"The petioner is requested to provide this evidence from 2001 to the present "

-thanks
Rama
 
but it was not started in 2001

hi

but company C was not started in 2001, so do i have to send all the paystubs till 2001 till date?

they striked off W2 and paystubs from part 2(from RFE)

Thanks,
Rama
 
Send your paystubs/W-2s/Tax returns etc from 2001. For company C - send all details- tax returns, balance sheet, brochure etc. That is all you can send. If the company C is 60+ employees and you have been working there and getting paid for a while- it would work fine.
Comany A and B do not matter at all.
Good Luck
 
sb_tiger,

Send your paystubs/W-2s/Tax returns etc from 2001.

Including company B? Because I dont want to confuse IIO with lot of infomation..

I am planning to send information like..

joined Company C on EAD with, so plan to use AC21 because 485 was pending at joining date, it matches title as of before..so dont want to confuse IIO with company B information..

Is there change of intend letter also, or its part of AC21 letter

Thanks,
Rama
 
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