Dilemma: to act or not to act

N

nynj2008

Registered Users (C)
Guys!

I have got an RFE because I did not file AC21 and IO issued RFE because my new employer/address was a different state.

My lawyer responded to RFE with AC21 a very simple AC21 letter, thats all. The letter simply said that I have joined new company and one-sentence description of my new job duties and saying that it "obviously matches my earlier job duties at my old company", and therefore "my 485 should be approved under the provisions of AC21".
So, the letter was pretty simple. It also mentioned how much I am being paid. It did not have: anything related to proof of "ability of pay" by current employer etc. The letter was submitted on Company letterhead signed by executive, but was not notarized. Only AC21 letter was submitted (no original offer letter submitted with it). Now that I look at the AC21 letter that the lawyer submitted, it does not even say that the position was "permanent". My labor cert with the old company was in "electrical engineer". My new position is "sw engineer". Still no attempt was made in AC21 response to strongly connect these two.

This is what RFE said:
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If you now claim AC21 eligibility, submit a letter from your new permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based petition (or labor certification) continue to exist.
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I would be very disappointed if I got another RFE due to incompetence of lawyer. I am in a dilemma whether I should ask lawyer to draft a more comprehensive response and send it proactively or just wait for USCIS to respond knowing that the AC21 letter that my lawyer sent is not very comprehensive. I know individuals will differ in how they respond to this dilemma, but I am just curious to listen how some of you would handle this situation.

Please advise if any of you have had a second RFE issued on your AC21 letter (which was sent as a response to an RFE), because the AC21 letter did not say that the new position is permanent, or did not include paystubs, company details (simply mentioned salary) etc..Just looking for simlar experiences/opnions.




PD: Aug 2003
India, EB2
I-140 : approved, May 2007
I-485: RD: Jun 2007, pending approval
NC cleared, Oct 2007
FP done Aug 2007.
RFE requesting AC21 elegibility: Apr 2008
Switched employer: Mar 2008

PS: RFE response got to USCIS on Apr 21 and I have had LUDs on I485 on both Apr 21 and Apr22.
 
I updated my address first week of this month to a different state (i moved to new employer in a different state). IO looked at my application in second week and noticed the discrepancy and issued RFE.
 
okay, I got it.

Can't you send more paper work later on, even if lawyer has already sent the details using the same RFE number.

I don't know much rules. I am in process of changing employer too.
 
sure. I understand. It is really tough to rely on the lawyers who do not understand our problems well.
 
nynj2008 said:
Thats not the point. Sure one could, but that could push back the process by unknown time.
Click to expand...

How did you know he touched your application in next week after you did address change. If this is the case with ever body then no one will emcouraged to do address change untill sees the approval or RFE.
 
GC Approved-AC21

Glad to share the good news! My gc got approved and got the email today.

I did send the AC 21 papers after the RFE(EVL) and got the update in few days.

My EVL didn't say 'permanent' job but did say how many hrs per month and the rate per hr.
the Job desc was same as labor and title is different but similar.
Also my new employer put the compnay details like how many employees and nature of business and revenue etc.,

Shoot me with the questions and will help you based on my case exp.


EB3- India - PD: Sep 2001
SUB-LC
485 RD: Dec-2004
 
Thank you!

This has helped me. I am in a process of change of employer. However, I am worried that can I change the state of employment or not.
 
File AC21 will help

I got GC recently. The USCIS officer called me to verify if I am working for the xxx company which I sent AC 21 for. He also asked about the yyy company my previous AC21 points to. Eventually he asked about the initial zzz company that filed my 140. He was very friendly.

I hired my attorney to do AC21s. $700 each. I feel it worth all the money since there is no single REFs in my case. Time is precious man! Who knows what will happen tomorrow?
 
Hi visa_gc_2008,

You mentioned in you post that since you did the G-28 change, you got the RFE directly and no attorney involved. Could you please share how you changed the representation to self after you changed jobs. I am in similar situation and wanted to change representation from my old employer's attorney to myself. Appreciate any reply. Thanks!

visa_gc_2008 said:
Glad to share the good news! My gc got approved and got the email today.

I did send the AC 21 papers after the RFE(EVL) and got the update in few days.

My EVL didn't say 'permanent' job but did say how many hrs per month and the rate per hr.
the Job desc was same as labor and title is different but similar.
Also my new employer put the compnay details like how many employees and nature of business and revenue etc.,

Shoot me with the questions and will help you based on my case exp.


EB3- India - PD: Sep 2001
SUB-LC
485 RD: Dec-2004
Click to expand...
 
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