Employer change, diff state/salary, Got RFE

1

129_LC_140_485

New Member
Help !! RFE (RD - Oct 2001)

Guys..here is the story.

Lost my job within 2 months of filing 485 (Oct 2001). Did an H1 transfer and have been with the new employer since then. Salary is less than what it was when i filed 485.
Filed for EAD renewal in last week of Nov'02, it was approved in mid Jan'03. INS sent an RFE last week.

RFE : Letter from current employer stating date of hire, job functions, salary, prospects of future employment.

Questions :

1. Is it the salary on LC(70K)or 140(77K) or 485(77K) that matters ?
2. Change of state, does it matter ? I was in NJ before but in VA now.
3. Date of hire was within 180 days of filing 485, does the INS/AC21 law has anything against this ?
4. Am I screwed ? :confused:


I have to prepare the response today...counting on you guys..


Thanks!
another gc seeker..
 
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this is only my take..

1. They would consider the LCA salary as that is the basis. You may have got promotions after that.
2. Change of state shouldnot matter in your case as both states are under Vermont service center
3. Here you are in the grey area. Law says if INS does not adjudicate in 180 days and not that you have to stay for 180 days so as long as you have a competent lawyer preparing your response, you should be OK. Also salary 10% up or down LCA shpould not matter.

Good Luck Buddy, i feel your pain, I changed jobs too...diff. category different salary but got approval without rfe.

Hopefully everything would be OK with you too.
 
No you are not....
There is no reason why your case should not be approved.

you can use AC21 as long as the I-485 remains unadjudicated for 180 days.


Murthy chat dated 12/09/2002
Chat User : What if an employee is laid off before completing 180 days after filing the I-485 and has an I-140 pending? Can the employee change employers and still preserve the AOS?

Attorney Murthy : If the employer revokes the underlying I-140 petition and the INS acts on that revocation within the 180 days then the INS may terminate the case. The way AC21 law is written, the employee can gain approval of the AOS, as long as it is the "same or similar" job as long as the I-485 remains unadjudicated for 180 days. The issue pertaining to the need to work for the LC sponsor during the initial 180 days has not yet been set forth in regulations, as the regulations still have not been issued..


Another one

Chat dated Dec 30th
http://www.murthy.com/chat1230.html
Chat User : Can the AC21 clause be used having an approved EAD and AP and being laid off before 180 days of I-485 receipt date?

Attorney Murthy : The INS has verbally stated that the AC21 portability should be able to be used in such cases since the INS will probably take longer than 180 days to adjudicate the I-485 case. The law only refers to AOS adjudication and allowed portability to punish the INS for their slowness in processing cases. So, until the INS completes I-485 cases in fewer than 180 days, the INS has verbally confirmed that it appears the person may enjoy AC21 portability. Without any written regulations, there could be a risk if the INS issues regulations against the common sense reading of the law.


Hope this will bring down your blood pressure.

So talk to your lawyer and take it easy
 
Thanks !

Thanks a lot guys !! That certainly makes me feel better..Hope is..after all..a good thing.

One more thing..is it better to go thru a lawyer or I can send the reply to INS myself, its just one letter from the employer (since I'm not with my previous lawyer anymore...but if it really matters, i can pay him).

Cheers and good luck !
gcSeeker++;
 
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