Approved..changed job after 180 days

R

rahpad

Registered Users (C)
I just received courtesy approval copy.

ND : Feb 4 2000.
Category : EB2, VSC
Country : India
Changed jobs in April 3rd week
RFE : May 1st week
RFE Replied : May 3rd week
Approval : June 28 2001
I changed lawyers, as company lawyer would not want to co-operate.

RFE asked was W2, Payslips for 2 pay periods, Employment letter from the company that applied for I-140.
RFE was replied with
  -payslips from old company and also new company.
  -A letter from old company confirming the start and end dates of
   employment.
  -Employment letter from the new company.
  -W2 copies
  -G28 informing change of lawyer
  -A copy of the law- (lawyer included this, as regulations were not out)

Please post your questions and I will try to answer them.

Good luck to you all..
 
No Title

I do not understand how you can have the ND in February and change the employers in April. How did you come up with the 180-day calculation? Was your receipt date much before February?
 
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Congratulations! I am glad you made it after changing jobs.

Did you have any problems getting the original/copies of your Labor Cert./I-140 papers from the old employer/attorney? How did you manage to convince INS that your new job was in the same category as the old one? Would appreciate your response. I am sure your experience will act like a guiding beacon to the rest of us sufferers.

VSCRD1199
 
No Title

To answer previous message, I changed jobs in April 3rd week 2001.
I had a copy of LC from old company ( got a copy when I was with them). I chose this job out of 3 other jobs as it had same title. Job description was a little different, old job had SQL mentioned, and new job did not, but seems like it didnt matter. Both were consulting companies.
My company did not want to withdraw I-140 as the law firm ( fragomen delray brensen & loewy in this case ) advised them that it changed nothing.
My documents are still with Fragomen. I hired another law firm to reply to RFE, my company provided me with original RFE.
 
No Title

Oops! Sorry rahpad,

I misread the year. Your ND was 2000, I mistook it to 2001.My apologies. Congrats Buddy!
 
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Hi rahpad,
My case is similar to yours. I changed jobs and in RFE was asked to provide 99, 00 tax returns, last 6 months pay stubs, and employer letter that petitioned 140.
But, I replied with my current employer letter, with similar job title and duties. I have also provide tax returns and last 6 months pay stubs which I got it from my current employer.
However, I did not provide any pay stubs of my previous employer and also I did not give any experience letter from my previous employer. Do you think I\'m OK with my reply? My lawyer was not quite helpful and I had asked him to provide the copy of the law but he didn\'t oblige with it. BUt, I have replied my RFE just recently after the memo came out. So, I\'m hoping the Adjudicators are aware of this AC21 memo.
Please let me know if I should be prepared with anything now.

thanks -- simpleguy
 
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Hi RahPad,
           You documentation for RFE is pretty good. Is it your attorny advice or you came up with it? Anyway, pretty useful info for others in similar condition. Good Job, man and congrats. Enjoy the fredom.
I am posting a link to your posting in ISN.
 
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Please provide us more information.

1. The new employer filed a H1-B for you or you used the EAD?

2. The RFE send it your address or old lawyer or new lawyer?

3. If Its OK, give the details of your new lawyer.

Thanks,
 
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Congrats!!! It will very useful for many if you can answer the following questions :

1. How/When did you get a letter from ur previous employer indicating start and end dates of employment with them? What i mean is, once you leave an employer it\'s not easy to get such a letter, right ?

2. Did u change on your own or part of lay off ?

3. What are all the documents/copies are needed to get from the current employer, before you leave ?

4. I think your salary in the new job will be greater than one mentioned in the labor cert.
does that pose any problem? did u move to different service center area or still in the same ?

your reply will be greatly appreciated.
 
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Congratulations rahpad ! Your approval brings hope to all the people who want to change jobs after 180 days of I-485 filing. I have one quick question. Did u inform the INS after you changed your employer ? Thanks
 
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1. Used EAD. EAD is accepted by all employers, they dont ask anymore questions.

2. I had not yet changed lawyer when RFE was issued. Actually I was surprised to receive RFE that soon, was expecting it sometime in July rather than in April itself. So it went to the old lawyer, from there to my company\'s HR and was forwarded to me. I took it to my new lawyer.

3. My new lawyer is Ms.Prashanthi Reddy/Mr.Andy Chow. Their web site
is www.iltc.com. TEL: (212) 629-9400
 
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1. I didnt leave on a good note, I pissed some people off. But its my right to get an employment letter with start and end dates mentioned in it.

2. I changed on my own as I was getting a good offer. I submitted a resignation letter.

3. Nothing. You have your payslips, old employment letter, W2\'s anyway.

4. Its more. It didnt seem to be a problem. I didnt move service centers, found a job closer home.
 
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I hope Hopebest2001 takes a leaf out of your book for sharing this useful information. In the other thread people are pleading him to provide info. I guess all animals are not equal!!!

Good job and Congrats
 
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thanks a lot, rahpad for ur answers. Just one more question, what do you think about the same/similar job classification ? does the job title has to be exactly the same ? For eg, if the current title is Software Engr and working in telecom industry and if the new job is software engr working in say banking/finance industry, do you think that will cause any problem ? People won\'t make such a change, but i am trying to get a big picture about this thing.

your reply is appreciated.
 
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Personally I dont think the job title needs to be same. I think explanation of job responsibilities will accelerate the adjucation. When job responsibilities are not described in the employment letter, as per my attorney, a seperate sheet describing responsibilities and their match with LC should suffice.
 
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