Ginnu or Experts help for AC21 case

R

reso

Registered Users (C)
hi gurus,

i have got a rfe on my I-485. Left the original I-140 petitioner after 180 days of filing for I-485. My current employer is not willing to provide the Company financials. As such it's start up company and they don't have 3 years Fin Statements. I have another offer from a big company who wants to support my RFE with all possible documentation like Financial Statements and AC21 employment letter etc. But, they want the offer to be for a future employment, which means my employment will start with them only after I get my Perm Residency.

i need suggestions if this can be a valid case and can I go ahead and reply to the RFE with the AC21 and Fin papers from this new company.

Will appreciate suggestions.

thanks
 
reso said:
hi gurus,

i have got a rfe on my I-485.
----- You should have posted the RFE content to understand what USCIS is asking

Left the original I-140 petitioner after 180 days of filing for I-485.
------was your I-140 approved at that time?
My current employer is not willing to provide the Company financials. As such it's start up company and they don't have 3 years Fin Statements.
-----DID the USCIS asked for Fin Statements of the company?
I have another offer from a big company who wants to support my RFE with all possible documentation like Financial Statements and AC21 employment letter etc. But, they want the offer to be for a future employment, which means my employment will start with them only after I get my Perm Residency.

i need suggestions if this can be a valid case and can I go ahead and reply to the RFE with the AC21 and Fin papers from this new company.
-------Dear better you discuss your options with good lawyer.
Will appreciate suggestions.

thanks
Click to expand...
 
Reso....

Please post your RFE clearly after replacing some classified info with xxxx kinda letters.

And also you need to explain your reciept / approval / job change dates. If possible new job description vs old job description and salary details =><LC etc., then only someone can help you out.
 
same case here..............please help

Hi

I have to reply my RFE by june 4 th, I have a company which says the same................that they are willing to hire me if i can get my Green card.



please advice what is the course of action

they say they can reply to RFE with a offer letter that says they can hire me as soon as my 485 is approved. with all other info except ofcourse without any paystubs
 
my RFE ;TheEnquirer

RFE --> notice date : march 12, 2004

RFE says the following
Note: You are given until June 4, 2004 in which to submit the information requested.

pursuant to 8 C.F.R 103.2(b)(11) failure to submit ALL evidence requested at one time may result in the denial of your application.



in a spearate page:


1. Provide evidence of the petitoner's ability to pay the beneficiary's wage : The petitioner must demostrate this ability at the time the prioirty date is established and continuing until the beneficiary obtains lawful permanent residence. ( company can also submit paystubs to prove this).............................the petitioner is requested to provide the evidence for the past three years.

2. Prospective Employment Letter: Submit a current letter form the prospective employer who filed the I-140 on your behalf to verify that theya re still offering you aposition. the letter on file is not current.

3. AC21: If your current employer is different from the orginal I-140 petitioner, please provide an employment letter from the new employer to include the new job title, a detialed job description, dates of employment , and salary

4. Employment Verfication: Income tax forms and W2's from the I-485 applicant. : Please provide copies of your personal income tax forms, including W-2's for the three most recent tax years. Also, submit the three most recent check stubs form your current employer.
 
i have the same RFE..

My I-140 was approved before I left the Original Petitioner.

can you please lemme know what your lawyer is suggesting, please.

thanks
 
i have got a rfe on my I-485.
----- You should have posted the RFE content to understand what USCIS is asking..

>>>>>>>>>Evidence on Petitioner's ability to pay...
AC21 Letter
3 latest paystubs, W2s and tax papers.

Left the original I-140 petitioner after 180 days of filing for I-485.
------was your I-140 approved at that time?
>>>>>>>yes, it was approved
My current employer is not willing to provide the Company financials. As such it's start up company and they don't have 3 years Fin Statements.
-----DID the USCIS asked for Fin Statements of the company?

>>>>>>>>CIS is asking financials papers from the Petitioner. My attorney wants the same from the new employer.

I have another offer from a big company who wants to support my RFE with all possible documentation like Financial Statements and AC21 employment letter etc. But, they want the offer to be for a future employment, which means my employment will start with them only after I get my Perm Residency.

i need suggestions if this can be a valid case and can I go ahead and reply to the RFE with the AC21 and Fin papers from this new company.

-------Dear better you discuss your options with good lawyer.

>>>>>>>>>>>>I am talking to some lawyers at the same time needed to know the Forum suggestion too. that definitely helps, don't you think so?

Will appreciate suggestions.
 

the contents of the RFE are as follows:-

1. Provide evidence of the petitoner's ability to pay the beneficiary's wage : The petitioner must demostrate this ability at the time the prioirty date is established and continuing until the beneficiary obtains lawful permanent residence. ( company can also submit paystubs to prove this).............................the petitioner is requested to provide the evidence for the past three years.

2. Prospective Employment Letter: Submit a current letter form the prospective employer who filed the I-140 on your behalf to verify that theya re still offering you aposition. the letter on file is not current.

3. AC21: If your current employer is different from the orginal I-140 petitioner, please provide an employment letter from the new employer to include the new job title, a detialed job description, dates of employment , and salary

4. Employment Verfication: Income tax forms and W2's from the I-485 applicant. : Please provide copies of your personal income tax forms, including W-2's for the three most recent tax years. Also, submit the three most recent check stubs form your current employer
 
reso said:
the contents of the RFE are as follows:-

1. Provide evidence of the petitoner's ability to pay the beneficiary's wage : The petitioner must demostrate this ability at the time the prioirty date is established and continuing until the beneficiary obtains lawful permanent residence. ( company can also submit paystubs to prove this).............................the petitioner is requested to provide the evidence for the past three years.
----- provide the documents needed what is the problem??
2. Prospective Employment Letter: Submit a current letter form the prospective employer who filed the I-140 on your behalf to verify that theya re still offering you aposition. the letter on file is not current.
-------- you only need to send new Employer letter
3. AC21: If your current employer is different from the orginal I-140 petitioner, please provide an employment letter from the new employer to include the new job title, a detialed job description, dates of employment , and salary
--------provide that
4. Employment Verfication: Income tax forms and W2's from the I-485 applicant. : Please provide copies of your personal income tax forms, including W-2's for the three most recent tax years. Also, submit the three most recent check stubs form your current employer
----- provide

**This is normal RFE and send what is asked. where is the problem??
Click to expand...
 
reso said:
i have got a rfe on my I-485.
----- You should have posted the RFE content to understand what USCIS is asking..

>>>>>>>>>Evidence on Petitioner's ability to pay...
AC21 Letter
3 latest paystubs, W2s and tax papers.
****** submit all
Left the original I-140 petitioner after 180 days of filing for I-485.
------was your I-140 approved at that time?
>>>>>>>yes, it was approved
My current employer is not willing to provide the Company financials. As such it's start up company and they don't have 3 years Fin Statements.
-----DID the USCIS asked for Fin Statements of the company?

>>>>>>>>CIS is asking financials papers from the Petitioner. My attorney wants the same from the new employer.
**** your attoney is correct and USCIS is also correct for asking financials papers of the company. USCIS wants to make sure that employer is able to pay you after I-485 approval.
I have another offer from a big company who wants to support my RFE with all possible documentation like Financial Statements and AC21 employment letter etc. But, they want the offer to be for a future employment, which means my employment will start with them only after I get my Perm Residency.
------ better get or try to convince your company to send sealed envelope of Financial Statements /documents. USCIS is not going to harm the employer. let your lawyer talk to them. when you joined the employer you should have spoken to them about employemeny AC21 letter or if any other company document is asked by CIS. it is always better to clear it

i need suggestions if this can be a valid case and can I go ahead and reply to the RFE with the AC21 and Fin papers from this new company.

***Dear ,better you discuss your options with good lawyer.

>>>>>>>>>>>>I am talking to some lawyers at the same time needed to know the Forum suggestion too. that definitely helps, don't you think so?

Will appreciate suggestions.
Click to expand...
 
catch-22 situation

hi reso

What is ur lawyer sying with regards to you replying RFE based upon the company C , which says they are going to hire you only if they see the I-485 receipt/GC approval.

has he seen any cases like that before.

I am concerned with this info: "the employer should show the ability to pay from the priority date untill the case is approved"

what is the priority date and how does it match with the ubiquitous " Green Card is for the future job"

My lawyer has not come across any case liek this and he is adking others to see if they have.

I have:
the new company's financial report for three years
the offer letter saying they can hire me upon I-485 /GC receipt
three years w-2s and tax returns
Going to submit an Ac-21 letter mentioning the new-to-be titile, salary and job description
 
TheEnquirer said:
hi reso

What is ur lawyer sying with regards to you replying RFE based upon the company C , which says they are going to hire you only if they see the I-485 receipt/GC approval.

has he seen any cases like that before.

I am concerned with this info:
"the employer should show the ability to pay from the priority date untill the case is approved"
----PD is the day LC was filed for you. as your LC was filed by diffrent employer your new Employer only need to send Financ Documents that they are able to pay. your lawyer should explain it to USCIS in the cover letter, it all depends how your lawyer argue or reply the RFE
what is the priority date and how does it match with the ubiquitous " Green Card is for the future job"
---- your PD was eshtablished the day your LC was recieved by SESA or SWA, LC is filed for FUTURE job, once LC gets approved then I-140 is filed it is also for Furure Permanent job then last stage I-485 is filed and the day it gets approved then you are through and get the GC stamp from Local USCIS showing I-485 approval.
My lawyer has not come across any case liek this and he is adking others to see if they have.

I have:
the new company's financial report for three years
-----that is OK
the offer letter saying they can hire me upon I-485 /GC receipt
------ That letter should state that they have permanent job offer for you after I-485 approval in same/similar skill, letter should have job title and skills
three years w-2s and tax returns
--that is OK
Going to submit an Ac-21 letter mentioning the new-to-be titile, salary and job description
* you have also to submit your INTENT change letter
Click to expand...
 
reso, do you get RFE after submitting AC21 to CIS or was it out of blue?

gurus, do we a lot of cases where CIS asks for financial statements from current employer or is this a rare case? If I get caught in the same situation, I think my current emplyer will also cause problem giving such statement.
 
Lots of RFEs for finanacial statements are coming now a days- especially if you work for a smaller company < 100 employees.
 
my attorney is still not sure if we should answer to the RFE with a Prospective Employment. We are still negotiation with my current employer to provide the Fin statements..

TheEnquirer said:
hi reso

What is ur lawyer sying with regards to you replying RFE based upon the company C , which says they are going to hire you only if they see the I-485 receipt/GC approval.

has he seen any cases like that before.

I am concerned with this info: "the employer should show the ability to pay from the priority date untill the case is approved"

what is the priority date and how does it match with the ubiquitous " Green Card is for the future job"

My lawyer has not come across any case liek this and he is adking others to see if they have.

I have:
the new company's financial report for three years
the offer letter saying they can hire me upon I-485 /GC receipt
three years w-2s and tax returns
Going to submit an Ac-21 letter mentioning the new-to-be titile, salary and job description
Click to expand...
 
i never did a AC21..

pb74 said:
reso, do you get RFE after submitting AC21 to CIS or was it out of blue?

gurus, do we a lot of cases where CIS asks for financial statements from current employer or is this a rare case? If I get caught in the same situation, I think my current emplyer will also cause problem giving such statement.
Click to expand...
 
Thanks for your replies. My current employer is undergoing financial re-statement process for Nasdaq. What are my options if CIS asks me for fin statements? Thanks for inputs.
 
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