Finally I heard from them - I just wish I didn\'t

M

Maja

Registered Users (C)
Ciba, EnlessWait and others - please try to shed some light on the situation:
I called AVM last night and the message has changed - it goes something like this :eek:n April 10th the request for additional evidence was sent...
My 180 days expires in exactly a week from yesterday. I am very sure that RFE will be about the company name change(we sent pay slips and W2\'s and everything else). The company is ( confirmed last week) filing for Chapter 11 protection in a matter of days.
Now questions:
1 year left on H1 - B (which expires one of these days) - to renew it or go and use EAD?
When they send RFE for company name change - do they always ask to redo I-140 (tax ID never changed)?
Can 180 days rule help at all?
Please help, because this last blow is really hard to take. After being abused by INS for almost 5 years, this was just too much.
We have nowhere to go - our home has been destroyed in a war, our friends and family are not there any more. To say that I am devastated with this latest news is to put it mildly.
 
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Maja
Cheer up, things will work out. Did you send W2\'s & payslips with new compant name from your I-140? How do they know comany name has changed? You may be able to just send a notorized letter from your company stating that the company is the same & your position hasn\'t changed. The 180 day rule will allow you to make a move before the company lays you off.
Good Luck
Mick
 
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Maja, try not to worry. I know it\'s easy to say, but try it anyway.
I guess your first priority is to find a new job. Send everything INS
wants and as long as you are an AOS applicant, you are not out of
status. Hopefully they\'ll approve you, but even if they deny it, you
still have a couple of months to find a new job and reapply. I\'d
save your H1 for a new company. You should be fine.
Take care
 
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Maja,

Since you have come all the way, I believe things would work out for you. An ex colleague of mine, who was laid off 2 months into I -485, waited till he got EAD, his new employer is paying him through the old company. Once you get your EAD, you only need to get a new job , and you will be safe. Good luck!
 
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Guys, thanks a lot -
Mick, I have no idea how they know, but I guess they can see that one name is on the visa (amended for new company) and another on I-140 approval notice. Also, they can see on the pay slips and W2\'s which we also sent.
 
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I just spoke with my(company) atthorney. I asked them about 2 monts ago if we need to file amended I-140 just in case but they completely ignored me. Today I was told that about half of all cases from same comany got RFE for amended I-140. I asked if that\'s the case - why didn\'t they jus apply for redo of I-140 for everybody - just in case. She said that IT WAS THE COMPANY POLICY NOT TO DO IT. I guess it is more important for them to save a few bucks then anything else.
 
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Yes - when I-140 was applied, the company name was different than when I-485 was applied, because the company A merged with company B and took it\'s name. So, on the last 3 months pay stubs -it\'s company B and on I-140 it\'s A. On the last W2 is B and on the previous two is A. I know, it sounds complicated - but the merger happend while I-140 was being processed.
 
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Maja

be cool , send in the Notarized documents of the company\'s merger and tax id information as response to RFE . Wait and see what happens. That would amply demonstrate it that you never changed the company and it was a merg
 
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Thanks guys,
I guess I have no choice but to \'get together\' and carry on working on it. But it\'s hard - last night when I noticed the message has changed - I thought I was getting an approval, but then when it mentioned RFE my hart just sank.
 
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Maja,
It\'s just another one of life\'s little hurdles that you will get over. It\'s easy for me to say but keep pushing & you will succeed!
 
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Maja,

Sorry to hear the RFE. I remember reading somewhere on Ron\'s
discussion board where he states that an ammeded I-140 is not
needed if company\'s tax ID is the same after the merger. So,
you can indeed proceed to do what other suggest and argue this
point in the reply of RFE.

If you think you may lose time in waiting, it\'s probably a good
idea to also apply a new I-140 at the same time "just in case".

The good thing is that your case will not be denied simply
because of company name changes, merger, etc. In addition,
180 days rule allows you to switch job in the process. Go look
for a job if your current job is not stable.

Like everyone says in the thread, it is easy for us to say, but
please look at the bright side and keep us posted on your case.
Good luck,

ciba
 
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It does not matter even if you try hard to convince INS that the
tax id has remained the same. My lawyer wrote a letter explaining
everything (only name change, tax Id\'s remained the same) when
replying to the RFE for my I-485. The RFE suggested a I140 redo or
wait for the guidelines for the ACT2001 law. Along with the letter
we also sent in the new I140 application. INS seems to have
ignored the letter and has queued my I-140.
Still waiting to hear... (2+ months now since they received it)

In your case, if you can send in the paper work for the I140 before
the company closes down, you stand a chance of getting the 485
approved eventaully. There is very little chance that INS would
ask for any new documents if you file for the I140.
 
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Thanks ss7, this is really useful info.
Do you know how long does new I-140 take? Do they expedite it or not?
 
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also, here is what I found on imminfo.com on the subject of redoing I-140.
Ron Gotcher says:
>
It is obvious from the previous post that Ron is also wrong :-(
The never ending journey continues...
 
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Let\'s just hope that once you hit your 180 days, it will trigger an automatic cancellation of RFE and they can process the case under the new S2045 law, which allow people to change job after 180 days, in that case, company name change shouldn\'t even matter.

But I highly doubt that INS will do that by themselves, probably we have to push them.

The safest way is to reply, explain the situation and file a new I-140 along with that.

I did the same thing as SS7 did. Seems like INS ignored the letter and quered my I-140 as well.

Maja you should file you I-140 ASAP when your comapny is still able/willing to provide you their support...

Smile :0)
 
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Hi Smile,

   Does the S2045 explicitly state about cancellation of RFE\'s relating to company changes after 180 days?

   Thanks in advance.

Neo
 
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Unfortunately not. It\'s just from a lawyer\'s website that he thinks that makes sense.

S2045 meant to help people and make the process easy.

But after it\'s effective(I believe start from 10/17/2000) CSC ignores it and started to give people tons of RFEs due to company name change starting from Jan. 2001, in the meantime, they haven\'t implement the 180 day rule at all, this is against the guidence of S2045, but what can we do?!
 
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The more I think of CSC\'s practice, the more I get angry. Congress
passed the new laws supposely to relieve EB immgrants of precarious
falling out of stauts or tremendous pressure of forcing to start
the process all over again, and yet, CSC is doing the exact opposite
to make us life even miserable. They completely ignore the essence
of the new laws. Think of it, it\'s outrageous.

ciba
 
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