help on AC21

H

hp485

Registered Users (C)
I received RFE and 2nd FP notice on 3/24. Asking for proof of company's last three years financial report, tax return and EVL, w2, 1040.

My history is like below:

Aug 2002, on-leave from company A to avoid lay-off ( with confirmation letter from company HR and CEO)

Sep. 2002, 140 approved and submited 485
Oct.2002. 1st FP
Apr. 2003, EAD
Aug 2003, resigned from company A and changed job to company B with same job title and salary


Pls advise if I can use AC21 to reply the RFE. Since I took the unpaid on-leave for almost one year I dont have 2003 w2 from compan A. But I got W2 from company B.

Any advice is highly appreciated. Thanks!

wac02279
 
Use AC21, absolutely no problem that I can forsee in your case.

GC is for prospective employment. Getting a letter for LOA from HR and CEO was a brilliant move.

Good luck and keep us posted!
 
Thanks for the reply.
Do you think if the on-leave is ok to keep the I140 valid, since my I140 was approved during the on-leave period
 
Are they asking last 3 years W2?

GC is for future employment, so the main issue here, if there is one would be, were u in status, for which you have leave of absense letter.
Your details are still not clear. Where were u for 1 year?
 
I was in us during the on-leave period. Before the on-leave I got a car accident and I been taking medical treatment for a very long time. I have all the medical record for that. Do you think I should submit those records when I file AC21 to explain the on-leave. Thanks!
 
I heard H1 can not take on-leave. Is that true? Are there any restrictions on taking on-leave? Thanks!
 
Medical emergency is medical emergency. You cannot be expected to go to work if you are sick and recovering.

The moment you file for 485, you are on adjustee status and not governed by H1, regardless of the fact that your 140 is not approved. While you are expected to be working fulltime, taking a sabatical/leave of absence is okay under some circumstances, and yours seems like one of them. I wouldn't worry too much if I were you.
 
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