Experts in this Forum like UnitedNations and Ginnu ,please throw some light on this.

[vnirmala]

My case details are as follows.
Mine is a Labor substitution Ac21 case(I485 ND :March 2003). I changed the employers after meeting 180 day period criteria. I did my 2nd FP in september 2004. I got an RFE on Jan24th 2005 for EVL,W2's and Tax Returns.Responded to RFE on March 8th alongwith the Address Change request. Site updated on March 16th saying RFE received by BCIS on March 11th. Then LUD changed for 4 days without any message change. Then there were no updates till 04/06/2005. Again there is another LUD on 04/07/2005 for all the family members without any message change. On 04/14/2005 the message changed on my file saying another request has been made for additional evidence.
Does this happen with anybody? What should be this 2nd RFE?Please share any experiences.

I-140ND:August 2002
I-485 ND:March25th
I-140 AD: June 2003
FP2 Done: September 2004
1St RFE issued: Jan 24th 2005(EVL,Paystubs, W2's)
1st RFE Received:March 16th
LUD's: 03/16, 03/17, 03/18, 03/19,04/06/04/07
2nd RFE issued:04/14(Don't know the details yet)
AD: ????

 

[vnirmala]

UnitedNations

Thank you for the reply.
1) they don't agree that your job is same/similar
My current offer letter has the exact same Title and the same job duties.

2) questioning employer ability to pay if you are getting paid less then amount stated in job offer letter on ac21
Always i'm getting more than what is stated in the labor. So i think i can rule this out.
3) they tried but couldn't verify with ac21 employer
I didn't understand this clearly.I'm working with one of Fortune 400 companies. You mean if the company didn't give them the prospects of Employment ?
4) you worked without authorization for more then 180 days

I'm always working and in Status. So this can't be a problem.

5) didn't update address change with ar-11

I changed apartments within the same building. I didn't send AR-11 in between. But i sent AR-11 with the current address.Can they really look into all these submissions? More clearly i sent 2times out of 3 times change of address.Though i'm sending AR-11's i never changed the address on my file which is my Cousin'a address.
Is AR-11 a requirement for I-485 Approval? If so what kind of reply i can give?
6) your last entry was on h-1 when you already left the h-1 employer

I entered into US on H-1 and i never left the country.

Can i get an RFE on Medical at this point of time?

One more possibility i'm thinking of is, that my Lawyer submitted Employment letter from my old employer also along with the current Employment offer letter in which they can't give me any prospects of employment as per the company regulations.

Thank you once again UnitedNations.

17th April 2005 05:56 PM

 

[vnirmala]

You're just awesome

item in blue will probably be your issue. This is one of those things where employment law and practices of big business diverge from immigration law. Immigration law they want confirmation that it is permanent and indefinite.

it was a hot button a few months ago, where companies where putting that employment was "at will"; seems uscis had an issue with this.

Unitednations

Did they find any resolution for this issue of "at will". Suppose in my case if that's the issue how should i handle this? Since my old employer is very supportive,will going back to them helps?

Is there any possibility to get an RFE on Medical at this point of time?I'm asking this since i've submitted my Medical alongwith my I-485 in March 2003.

I'm just curious to know if you're aware of anybody got the second RFE and the outcome?


Thank you Once Again.