Folks, please help, RFE on I-485

[Sahin]

Please allow me to post one situation for one of my friends. He is not a concurrent filer; his notice date is September 2002. Today he got an e-mail from his attorney stating

"We have received a Request for Further Evidence on your I-485 application. The G325A Biographic Information Sheet that was included in your I-485 application indicates that you were unemployed from January 2000 to January 2001. The USCIS has asked that you "explain the circumstances of your unemployment" from January 2000 to January 2001."


Now, here is the situation. I think my friend somehow missed to mention the employment history for that period. He couldn't remember. He does not have a copy of the petition with him now, but attorney has it. He was employed from January 2000 to mid November 2000 and got laid off. Therefore, he was unemployed for 2.5 months. He later got a job to his current company who is processing his I-485. When he got laid off, he was on H1B, and started working for his current company after filing the H1B transfer. H1B transfer got approved without any problem.

Now, my question is what should he do? What kind of evidence will be compelling for this situation? Does anybody have similar situation before. Please response.

His attorney asked him the following:

"Please write a statement explaining your unemployment during this period, including as much detail as possible. We will review this statement and include it in our response to the RFE issued on your I-485 application. Please prepare a draft of this statement at your earliest convenience for our review."


You think this would be enough. Any comments? Feedback? I would really appreciate your help.

 

[MrCoolz]

Sahin,
I wouldnt make a big deal of 2.5 months. Ask him to provide evidence of employment until then and from there for 2.5 months ask him to claim vacation until his next employment. I presume that should take care of it.

thanks,

 

[rkanagala]

employment

Sachin,

Also after layoff, if you got a severance pay include those paystubs which could essentially narrow your gap of unemployment...

just a tip..

GG

 

[Brij523]

Mr Coolz,

FYI.
You can show vacation. But you should be on the company's roll. In this case the person got laid off. So I assume he was not on company roll. Also according to rule if a person is on H1 and got laid off he should leave the country within 10 or some days. Or he should file for transfer of H1 within 10 days.

 

[kshashikanth]

If your friend has pay stubs for that period it well work out very good, or he has to get a letter from the employer during that period, about 2.5 months he should not worry because that employer has to pay regardless of job, so I think the employer for that period (Jan 2000 to Jan 2001) has to give letter otherwise the employer will be in trouble because not paying to his employee who is on H1.