Complex I 485 query..please help

I

i140tracker

Registered Users (C)
guys I am in big soup...
I got a complex RFE related to my previous employment.

this is related to my experience for 1999. which I originally came to Us..
The thing is I never worked for them.

query states that I have to get a letter from them which I can not as it is immpossible to get that.

I am not covered in section 245(i) also.

i applied my I 485 in june 2003 and labour every thing in jan 2002.

experienced guys..please provide a solution for this.

this is an RFE with 15 questions looks more or less like a NOID...explaing how I am not covered in 245(k) and i.

I can answer all questions except the first one...
 
You got to give complete details of the RFE so that someone can help you

You got to give complete details of the RFE so that someone can help you
 
i cam on 2 nd jan 1999 on company A visa and get new with company B h1 transfer in may 1999.
Ins is asking a letter from company A about my roles and responsiblities...
 
So, who is spsonsoring your GC. Company B?.
If that be the case, then I think there is a misunderstanding with CIS.. You may need to get a letter from Company B about the duties and responsibilities.
 
why the heck CIS wants duties from company A ?.. It is not for whom yu are working.. I think you should/can get only from Company C.
My 2 c.
 
1) Send a Fax to company A asing for the experience letter. Keep the Fax copy as a proof that you have sent a request to them for the experieince letter. Also ask your lawyer to contact company A to get the experience letter.
2) If the above step did not succeed, then submit the pay slips from Company A , if you have them. Even if you have pay slips only for 2 or 3 months, that may not be a problem.
3) If you don't have any pay slips and company A refuses to give the letter, then just reply to the RFE saying that the company A is not cooperating with you.
 
dsatish said:
1) Send a Fax to company A asing for the experience letter. Keep the Fax copy as a proof that you have sent a request to them for the experieince letter. Also ask your lawyer to contact company A to get the experience letter.
2) If the above step did not succeed, then submit the pay slips from Company A , if you have them. Even if you have pay slips only for 2 or 3 months, that may not be a problem.
3) If you don't have any pay slips and company A refuses to give the letter, then just reply to the RFE saying that the company A is not cooperating with you.
Click to expand...

Interesting comment satish..

USCIS will not consider somebody's comments like "my x-employer
is not cooperating by issuing experience letter". It wont work,
they will require proof that u worked there. Sending pay stubs will
help though.
 
i140tracker said:
guys I am in big soup...
I got a complex RFE related to my previous employment.

this is related to my experience for 1999. which I originally came to Us..
The thing is I never worked for them.

query states that I have to get a letter from them which I can not as it is immpossible to get that.

...
Click to expand...

The point is that he "never worked for them" and thus it is "impossible to get" the letter. Is that correct i140tracker?
So the question is if you came in Jan 99 on the H1b filed by company A and did not get the visa transferred until May 99 to company B, whom did you work for during those 4-5 months? Or did you not work at all?
The visa transfer might be in question if you did not work for company A at all, since a transfer I believe is only considered valid if one has worked for the initial employer for at least one pay cycle. In fact if I remember right, don't they ask for your current pay stubs (with employer A) when you apply for a transfer to employer B?

Guys, regardless of how or why the USCIS is asking the question, the RFE has to be replied to now. i140tracker, must get competent legal counsel right away for this RFE. You are right about it being a complicated situation. Just my 1.5 cents.
 
Try getting a letter from some of your old colleagues who worked in that company. If they are still there and give give this on company letter head that will be best. But even if leterhead is not available and they no longer work there they can just say that they worked for 'XYZ' company from 'a' till 'b' and 'your name' was a co-worker and 'yourdesignation' was 'such-and-uch'.
 
The visa transfer might be in question if you did not work for company A at all, since a transfer I believe is only considered valid if one has worked for the initial employer for at least one pay cycle. In fact if I remember right, don't they ask for your current pay stubs (with employer A) when you apply for a transfer to employer B?
if that is the case ..i will in troble it seems...
Also I never reported to them..i do not have pay slips at all...

what are the chances of rejection..planning to put an affidavit...that is the only thing I can do...
 
i140tracker said:
Also I never reported to them..i do not have pay slips at all...

...
Click to expand...

Do you mind sharing what you did from Jan '99 to May '99? That might hold a clue as to what an alternative reply to the RFE could be. I understand that this might be personal, in which case get an attorney (other than your current one who applied for the I485).
 
Try getting a letter from some of your old colleagues who worked in that company. If they are still there and give give this on company letter head that will be best. But even if leterhead is not available and they no longer work there they can just say that they worked for 'XYZ' company from 'a' till 'b' and 'your name' was a co-worker and 'yourdesignation' was 'such-and-uch'.
Can I get this letter from a person right now in India..what is the procedure if any one knows ..please help
 
i140tracker said:
The visa transfer might be in question if you did not work for company A at all, since a transfer I believe is only considered valid if one has worked for the initial employer for at least one pay cycle. In fact if I remember right, don't they ask for your current pay stubs (with employer A) when you apply for a transfer to employer B?
if that is the case ..i will in troble it seems...
Also I never reported to them..i do not have pay slips at all...

what are the chances of rejection..planning to put an affidavit...that is the only thing I can do...
Click to expand...

This is a serious issue (coming to this country on a visa sponsored by a company and not reporting at all to that company). You need to consult a good lawyer. Make a search in this forum on the key word "lawyer" and get some lawyer names.
 
My suggestion to you would be to take a stand that you worked for them but never got paid. And that is true because they brought you on H1, but never paid you. If you take the option 'I never worked for them' 'never reported to them' this makes it seem its your fault. First shift the blame on the company and not yourself. Do not make this more complicated than it is.

Try to get leters from old colleagus or any one who may be connected with that company, stating that you worked for them. Worst case secenario, get affidavits from people who you know, saying that you woeked for that copmany. As always discuss this with your lawyer. But first calm down and put the blame on the company. It matters how we put things and these subtleties should be used in your favour.
 
Do you mind sharing what you did from Jan '99 to May '99? That might hold a clue as to what an alternative reply to the RFE could be. I understand that this might be personal, in which case get an attorney (other than your current one who applied for the I485).
comapny B brought me here ..and they applied for transfer after I got a project...
 
What... Company B brought you here?.. not Company A ?.. Man you are confusing us..
Please be clear, what you did from Jan '99 to May '99?.. You worked for Co A or B or nobody?..
The more clear you are, people will be able to give you suggestions.
 
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