ChiefCook received RFE (WAC-01-290xxx)

C

chiefcook2002

Registered Users (C)
I received RFE for W2 forms, EMP letter, and last three pay stubs.

I have following questions, can somebody help me in clarifying me.

1) Just after applying I-485, my company got acquired by a different company. My new company didn't apply for a new I-140 at that time (September 2001). Now my lawyer is saying that we should apply I-140 along with RFE since we are trying to use AC21 Portability rule. Lawyer also said that it would take another 6 months to one year to get my approval. I fed up with this as I was waiting already one and half year (1.5 year) for my GC approval. My question is does this really will take another six months or what will be the impact of applying I-140 at this time?

2) I have requested to send W2 forms in the RFE. Should I just send W2 forms or W2 forms with tax filing? Though INS requested just "W2 forms", I have a feeling of sending both.

Any suggestions will be greatly appreciated.

ChiefCook
 
not needed

If you are going the AC-21 route (which is what you mentioned you are doing), then there is no need for amended I-140, instead you need to file AC-21.

If you are not going for AC-21, then you need to file amended I-140.

This is my opinion.

It will be interesting to see what the gurus on this website think.
 
Just curious and came up with another question. What happens if FP expires after replying to RFE but before getting approved? Is it gonna be another FP and another whole trip of security check, pending, pending, pending, assigned, back to shelf, another RFE, or something like that?
 
My lawyer says...

arun mehta02,

Thanks for your reply. Yes I would agree with your point that when you file AC21 you do not require I-140. But the problem is that I cannot use AC21 as INS requested W2 forms (which will show the employer whom I worked before 180 days).

But my lawyer is confusing me by saying "AC-21 and applying amended I-140'. May be I should call again to clarify this once again..

any body help.??????

the_card,

anything can be possible!!!! This is my personal opinion
 
W2

All cases have RFEs these days and all RFEs are for W2.

That does not mean that you cannot change employers. Simple AC21 filing should be enough in my opinion.

Talk to your lawyer. Please update the thread after talking to him.
 
Chief

Its been some time since I have seen your post.

If it is AC-21, which means that your I-485 is portable across companies, why should you apply for I-140? and especially now since your case has recd an RFE for W-2 and EVL. Just send W-2 and EVL IMHO. If you are not satisfied with this lawyer, try a second opinion; waiting another year is not an option. Your lawyer is least qualified to predict the INS adjudication speed. Finish it now. Talk to him or someone else.

good luck...
 
Last edited by a moderator:
U'r just fine, just send all the RFE Stuff (with current company). When u'r company got acquired, u don't have apply for another I-140.. u'r lawyer is a big ass. He doesn't know what he is talking about. Don't send any thing extra.. Like Company Got acquired and all... Don't Complicate your case..
Good Luck
 
I agree with TSCGC.
You do not have to reapply for I 140.
Just send copies of W-2 and rest of the things they are asking for.
This is treated as a similar case while applying for H1 renewal and if company has changed hands.
This will be a faster way for a sure shot approval.
 
Using AC-21

If at all I happened to use AC-21 portability, I should have stayed with the first employer (who filed my I-485) at least for 180 days right? In my case, during my I-485 filing stage my previous company applied I-485 and in parallel company also got acquired. From that point onwards I was getting a new company’s pay stub. I have W2 for both companies for year 2001 and will easily show that I didn’t work 180 days for my previous company (who filed I-485).

Let me know all your opinion on this
 
CheifCook,
I'm sailing in the same boat, my I-485 is pending with VSC, here is how my company is structured Comapny A own to sister companies Company B and Company C. I had H-1 with company B and also got my LC and I-140 approved with Company B, but before filing my I-485 Company A(the owner) decided to merge Company B with C. so my company's new name is C now.
My lawyer filed my I-485 with Emp letter from Company C and also attached an affidavit from VP of HR dept expalining the re-organisation. The lawyer said it is sufficient and we do not have to file an amended I-140 because their was'nt any ownership change(Company A still owns it after the meger). According to her amended I-140 is required only if there has been significant restructuring and also ownership change. You can some really helpful information on http://www.murthy.com, search for "mergers" or "acqusition".
The affidavit seems to be working because when my company got merged I also had to change my H-1B to reflect the new company name, and when you apply for H-1 you have to check one out of several choices- 1) "new H-1, 2)extension(only if you have spend 3 yrs with the employer) 3) transfer........
in my case it was extension because I was still with the same company but under a different name(Company C) this time.

I'm keeping my fingers crossed too but am hopeful that I may not have to file amended 140 because if INS had issues with the Company name and merger they would not have allowed "Extension" on my H-1 application.

I hope this helps !!
 
Hi there

I believe you need to change your lawyer. But one thing I am not clear whether your company got bought by another company before 6months because in that case AC21 might not be applicable. The reason I am saying that is because my friend went through a similar thing. Probably the lawyer did something to show that the new company that bought his original company and so you just merged as an employee and did not do anything else. SO in that case AC21 will not be used. I believe an affidavit under oath will work just fine isntead of the new I140. Take a second opinion from Rajiv Khanna or Sheela Murthy or any big lawyer.
 
CCook

IF after the takeover your employer TAx id has changed then you should repley RFE under AC21 rulings then u do't have to wait for amended 140. IF the Tax id has not changed then u do't even need to apply for 140 change you can staraight away reply the RFE. check your last years W2s and call up ur HR .
Even my company was taken over but they kept the same tax id .
 
Chief Cook:

It is not that your old company filed I-485 and within 180 days you changed employer. But the case is that within 180days someone else acquired your old company. So you should be fine. I do not think you should either worry about amended I-140 or worry about AC-21.

As someone already posted you should just send in what INS requested but nothing more. Very likely you will get approved without question. Otherwise you may worry a little more when INS request more things.

One sure thing is that your lawyer sounds not that good. I have a feeling the advices on this board may not be convincing enough for you.

Why not seek advice from another lawyer? You may not switch lawyer right away but just do a consultant. Say pay 100 or 200 bucks for an hour. It will solve the problem and make you feel safe.

Good luck.
 
Since your company was brought over, I don't believe you need to do anything other than reply to the RFE as zvdo2002 mentioned. I doubt you need to go in for a new I140 at all. I think will be a better bet for you is to get a better lawyer. I doubt your current lawyer is very experienced in handling this kind of merger related AOS.
 
My 2 cents

I have changed my employer after 180 days (i.e. exactly after 185 days).

Before changing my employer I spoke with my lawyer about it. He said that it's safe to change the employer even before 180 days. He said that there will be problem only if INS issues a RFE within 180 days of filing of 485. He was damn sure that INS does not sends 485 approvals within 180.

In his opinion even for AC21 rule you can change your employers before 180 days provided you don't get any RFE within that period. Hope I am not confusing.

So in your case I would also suggest that you just reply to their RFE and wait for their response.
 
You must log in or register to reply here.
Top