Changed employer, got RFE!

A

atmaramji

Registered Users (C)
I changed my employer 7 weeks ago, did not file AC 21 yet.
I got an RFE for EVL this week. I moved from MD to NJ.
The new job's description is marginally different from the one file in my labor petition, some of the skills mentioned are also different.
Besides, the new job pays exactly 100% higher than the old one (old=65k new=130k).
Now I am worried as heck that my file must be up for approval soon, and I screwed up at the last minute by changing employers!
Anybody knows what is a CUD in the RFE, it is a date that is exactly three months from the date it was issued. What is it?
 
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Did you speak with Immigration Lawyer

Hi

Just wondering did you speak with your immigration Lawyer? My understanding is that job need to be same or similar profession in AC21 meaning that as long as you are working in software profession then Immigration lawyer should be able to defend it.

Thanks
Vivek Mohan
 
Yep, it's pretty routine....EVL .....
I would say just ask your company lawyer to file the response for EVL ....appropriately....

It's pretty much in his hands....I would say you need not worry about the pay packet difference....talk to the lawyer...and see what all he needs to do...hopefully the visa number has already been assigned to you....so just file it ASAP....

If you are worried and don't have a lawyer....can always use Murthy or Rajeev Khanna....I am sure...it would worth the extra money they charge and their vast experience will go long way in helping you out...
 
Banta,

Thank you so much for the reponse.
I do have a lawyer to whom I have sent my company's letter- to check if the contents are Ok...because it is not exactly same as the labor application job description.
The lawyer is taking his own sweet time.
Is it really possible that a visa number might have been assigned to my case already!!!!!?
In which case, there are chances that it will get approved as soon as they get the RFE response!!
Oh man...this might turn out to be good!
I just want to send the letter so that they get it before the month end. Dont know if they start doing different things next month onwards!
 
atmaramji said:
Besides, the new job pays exactly 100% higher than the old one (old=65k new=130k).
Now I am worried as heck that my file must be up for approval soon, and I screwed up at the last minute by changing employers!
Click to expand...


The pay hike seems like a concern.What I have heard is if the pay hike is visible- like more than 20% or so,then it might raise a flag.
Anyways,consult a good attorney and hope things work out for you.

I have seen,many things dont work exactly as in book,so a good attorney might help.
 
i am not a legal advisor, but i personally dont believe pay hike would be a problem.. different companies pay rate is different.. can be justifiable.

but if you make sure the job description matches the labour... you are 100% safe.
 
atmaramji,

I was wondering what triggered the RFE. Is it because you changed the address to a different state that left the officer wondering about your current job or any other action that might have raised the red flag ?

Did you change lawyers etc.? or did the old company make a communucation with CIS? You RD is 2.5 years old that might also have been a possibility.

I am just trying to figure out the reason you got an RFE, might be uselful to be aware of when I change jobs.
 
everonh1 said:
The pay hike seems like a concern.What I have heard is if the pay hike is visible- like more than 20% or so,then it might raise a flag.
Anyways,consult a good attorney and hope things work out for you.

I have seen,many things dont work exactly as in book,so a good attorney might help.
Click to expand...

There was a 50% hike in my salary, and the title was also different (Programmer / analyst at the time of labor filing), now it is Developer-II after employer change. but, the job description is pretty much the same. My 485 got approved yesterday after responding to RFE for Employment verification.
 
Yes, I did update them recently with my latest address and that might have triggered the RFE. I wish I had not updated them!! At least no RFE pains!
On the other hand, it might turn out to be a good sign, like for GotGCIn2007.

GotGCIn2007...question for you...what is your priority date...just wondering if they are still approving 485s, they might have assigned visa numbers to our applications, even though they are out of visa numbers for now. They might be just re-confirming if we are still in the US, before going ahead and approving our applications.
 
I applied my labor from a consulting company, and after i140 is approved, I joined a startup. I invoked AC21. And, after a year, our startup was aquired by another public company. I didn't send papers (for AC21) again. I got an RFE. My I485 was sent to CSC, and transferred to NSC.
 
atmaramji,
My PD is May 2004. I had the same doubt as you. But, lot of my friends are also getting the approval notices.
 
LUD today for me and derivative.
Message:
"On August 9, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something .... You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done"
 
rfe

Atmaramji,

could you specify what was your RFE all about and how did you respond.

Tx,
kku



atmaramji said:
LUD today for me and derivative.
Message:
"On August 9, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something .... You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done"
Click to expand...
 
atmaramji said:
LUD today for me and derivative.
Message:
"On August 9, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something .... You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done"
Click to expand...

As long your job change is in the same field (meaning computers to computers / accounting field to accounting field) you are fine. I personally know someone who changed job title from 'Programmer Analyst' to 'Enterprise Architect' with 100% jump in salary and sent in his AC21 papers. He got his GC approved in Jun '07 with no issues.

I guess USCIS only frowns upon if one moves from say 'software field' to becoming an 'auto-mechanic'.
 
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My rfe was :
1. EVL for me
2. Proof of lawful entry and stay for spouse

The rfe came to lawyer, not to me. After following up with the lawyer for a week, I realised he is going to sit on it for some time.
So fought with him and got him send the rfe documents to me.
I got the EVL from my new employer.
Sent response to rfes, EVL + 2 latest paystubs for me.
Copies of passport, I-94, I 797 etc for spouse.
 
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