Did not file AC21 - Got RFE

L

LiveAndLetLive

Registered Users (C)
I recently changed job (I140 approved and 485 > 180 days). However, I did not file for AC21 :o as my new company told me that it is not really required. I am on excellent terms with my original employer (the one who filed my I 140). I got an RFE on my 485 :( . Here are the details of the RFE that my lawyer sent to me

  1. a letter from my previous employer stating their continuted interest in hiring me, the duties to be performed and remuneration
  2. Latest W-2 tax form
  3. Copy of most recent I-94 arrival document

I spoke to my previous employer and they indicated that they do not have any problem giving the letter.

Am I in trouble? Please advice. :confused:
 
LiveAndLetLive said:
I recently changed job (I140 approved and 485 > 180 days). However, I did not file for AC21 :o as my new company told me that it is not really required. I am on excellent terms with my original employer (the one who filed my I 140). I got an RFE on my 485 :( . Here are the details of the RFE that my lawyer sent to me

  1. a letter from my previous employer stating their continuted interest in hiring me, the duties to be performed and remuneration
  2. Latest W-2 tax form
  3. Copy of most recent I-94 arrival document

I spoke to my previous employer and they indicated that they do not have any problem giving the letter.

Am I in trouble? Please advice. :confused:
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If you are not intended to join the original employer you should not be sending offer letter from him. Instead send the letter from the current employer.
 
tammy is right.
If you do not have the intention of returning back to your ex-employer, then send the AC21 letter based on your current employment.
You can explain in your letter that you joined the new employer based on AC21 and enclose the details. Get an EVL from your current employer.
 
my advice

Just submitting a letter from previous employer is not enough. Though it is not legally required, you have to submit few recent paystubs. Since you don't have them, it would be better to take letter from current employer and submit paystubs. Taking letter from previous employer just for the purpose of I-485 approval is not a good idea.
 
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