got RFE , need help!!!!

L

LeonidM

Registered Users (C)
My lawer just received an RFE letter from BCIS
the RFE is for :

employmentr letter
g325 bio data
2 paystabs
2 yrs of tax returns

I sent a I765 to extend my wifes EAD and it was received on 09/11/2003 The same day RFE was generated. I don't think it's a coincidence.
I have a folowing question:
when filed for I485 back in december 2001 I was working for company A , soon after that I joined company B. company A is still around and is willing to give me a future eployment letter. I can also get a current employment letter from my current company. So I have 2 choices:
1) submint company letter from company B, paystubs from company B, etc.... and AC-21 letter
2) submit letter of futer employment interest from company A, paystabs from company B, etc... and not file for ac-21

What soption should I choose ? if I choose (1), do I get an interview for sure ?
If i go with (2) and still get transfer/interview , can I file ac-21 at that time ?
Any input will be appreciated
 
In my opinion. go with option 1.

Because form company A you can get employment letter but not pay stubs. they may get confused about employment letter from company A and pay stubs from other company.

Best of luck
 
Go with Company B

Go with Option 1. i.e. Letter & paystubs from Company B.

The AC-21 rule which governs that, has been in place for quite a while, and I have seen a whole bunch of approvals for folks in situation just like yours.

Whereas, this "future employment" thing is very tenuous. I know it's supposed to work that way - basically your green card is based on a future employemnt and not your current job - but I have not seen any facet of BCIS immigration process actually working that way.

Also keep in mind, that you may be obligated to work for Company A, if you submit an (future) employment letter from them, oce you do get your green card through them, otherwise this may be deemed as fraud by BCIS.

Don't worry you'll be fine, AC-21 shuld cover your behind quite well.
I hope it covers mine too, when the time comes (changed employers too):)
 
Thank you, guys , That's what I'll do!

Thank you, guys , That's what I'll do!
btw, my online status didn't change ,and is still showing that they received my 2nd FP, is it normal ?
 
From your posting it appears that you have moved to company within 6 months of filing I485. If that is the case, then ask your current employer (company B) not to mention the start date in their AC21 letter. Also ask them if they are going to mention a later start date if your case is transferred for interview. If they don't agree, then you better read the latest AC21 Memo(guidelines) issued by BCIS and take appropriate decision (consult your lawyer).
 
I was under impression that ac21 applys if your case is taken more than 180 days

I was under impression that ac21 applys if your case has taken more than 180 days to review (over 20 month in my case) and does not mention when you can change the jobs, am i wrong ?
 
Re: I was under impression that ac21 applys if your case is taken more than 180 days

Originally posted by LeonidM
I was under impression that ac21 applys if your case has taken more than 180 days to review (over 20 month in my case) and does not mention when you can change the jobs, am i wrong ?
Click to expand...
I think that there is some ambiguity in how to interpret the 6 month rule. Sheila Murthy said many times that due to lack of guidelines on AC21 portability, we can assume that if our case is not reviewd in 180 days, then BCIS can't deny our case even if you have joined another company within 6 months of filing I485. But recently BCIS has issued clear guidelines about AC21 portability and i would like youto check those guidelines.
 
I think going with option 1 might be problematic one. Because AC 21 applies only if one completes 180 days with the sponsoring employer. Without the first employer letter, it might be a difficult to justify.

A close friend of mine has done the following and got his green card approval.

Let me explain his case in brief
He worked for company A and before I-140 approved he moved to company B. Company A agreed to support his petition. When he filed I-485 he clearly mentioned that he worked for company A and presently working for company B. He submitted paystubs of company B at the time of 485.

He got RFE where they asked for paystubs and offer letter and he faced the same problem. Company A is willing to give offer letter and definitely company B is also willing to giving him offer letter. He took the paystubs of company B and offer letter of B and also offer letter from company A and posted the RFE without mentioning that he was using AC 21. I think the key is not to mention AC 21.
We thought that this is best option and his attorney also agreed because we want to leave ambiguity about our intention and let INS interpret the way INS want. if INS issues NOID one can change the option and argue for the safer bet which is option B. But the moment you mention AC 21 and expressed your intention and if INS rejects it then there will be no basis to fight. Honestly we never thought that INS will reject as it is and may issue another RFE asking our intent and we can decide at that stage.
He got approved and from that experience I suggest that send the RFE with both the offer letters and don't mention AC 21.

The bottom line is don't give more info to INS than what it asks for.

-rajum
 
Last edited by a moderator:
dsatish,
One upon a time I spoken vermonth customer service (not NCSC) regarding changing companies. She clearly told me that I have to wait Six months.

As long as they don't see the things we are fine or we are doomed.
 
Once upon a time I have spoken with vermonth customer service (not NCSC) regarding changing companies. She clearly told me that I have to wait Six months.

As long as they don't see the things we are fine or we are doomed.
 
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