Help! RFE but laid off

A

alittleluck

Registered Users (C)
Hi all,

First, I have recently discovered this wonderful discussion board regarding I-485. I see many of the postings and find them very useful. And I hope that I could post here to get some advise regarding my very unfortunate situation.

INS has issued a RFE for my I-485 application recently. However, I was laid off many months ago and has not been able to find a permanent job since then. I am having few interviews but not sure if I can make any of them.

Here are my questions:

I understand most of the RFEs are requesting paystubs, tax returns and employment letter. What are the options since I don't have any employer at this moment and my 2002 income won't match the one on LC because I was unemployed in the last few months of 2002?

Can I take a non-paid vacation until now and have an employment letter saying I will return to the sponsoring company once the I-485 is approved?

Or any other options or ways I can get through this RFE? Any advise is very much welcome and THANKS in advance. :p

Note: this is my first post here. pls. excuse me if I miss anything
 
pls contact a known company pay them and process your payroll immediately, so that you can reply the RFE
 
Pinka, thanks for your information.

Do you have any source? How can I contact you without posting here? Private message?

I'm a first time user so I don't know much on how this board works.

All the nice guys in here: I understand that I'm posting a very difficult situation. Pls. advise me on anything you can think of. Or, any good lawyer or person I can get further information. THANKS SO MUCH!!!
 
I am sorry to hear about your current state.

Any of your friends who has an EAD should be able to generate payroll for you by starting a company. Remember you will have 3 months to reply to your RFE and you should be able to generate at least two month payroll before replying.
 
Thanks american for replying.

1. How can a person start a company? Just by obtaining a business ID? I'm really naive on this (and many things). So, a friend can just get a business ID and hire me?

2. What documents do I need to submit for change of employer under RFE?

3. How can I take care of the many months I was unemployed? Do I need a letter to explain that? If so, should I say "unemployed"?

4. Will the many months of being unemployed affect INS's decision on approving my case?

5. Do I also need to get a termination letter from former employer and submit it with other RFE documents?

Any input from anyone will be greatly appreciated.
 
How To Start a Company

Better to start a LLC. Try to find a friend with a green card holder or citizen. Ask him to open llc company. Talk to Accountant or a lawyer to start a company.

Infact I started a INC company two years back and closed recently. It took me almost 1 month to get federal id and state id. If you rush things with accountant he may get in with 15 days.

How this is going to help really I don't know. There are lot of consulting firms around. If you pay them some money they will do it for you.

My suggestion on this try to find small consulting company run payroll through them. That is more secured and payroll will start immedeatly, even incase rfe issued on company status you will be in safe position.

With you best of luck.
 
Request your employer if he can give you 2 paystub like evry 15 days. you can submit that. Re: W2 less wages: I don't think that would problem, submit unpaid vacation,sick leave, hope this will work
 
Asking a friend to start a company just to "employ" you and generate a few pay checks is IMMIGRATION FRAUD and both you and your friend can spend considerable time in prison.

What is the RFE about?
 
I don't advise to start a new company to have a couple of pay slips. It's a complicated situation.

INS (BCIS) will look for your present position, whether you have job and future employment offer with the company you started your GC process.

It's better you contact an existing small consulatancy company who can show you as an employee with them and generate 2-3 pay slips so that you can answer the RFE. Then file AC21 for change of employer with the same job title and description.

This is just my openion and not a legal one. IT'S ALWAYS BETTER TO CONTACT A GOOD ATTORNEY before you do any thing on this issue.
 
Hello nkm-oct23,
You are the biggest fraud here. If you can't help some one, then atleast don't stop others from helping people. Manumahi gave a very good suggestion and i don't see anything wrong in that. Do you think a person has no right to start a company ? Do you think
a company can't hire people and pay them ? What is the illegal thing here ? Neither of these things are illegal or fraud and nobody ever goes to jail unless convicted of illegal actions. Don't
scare people here. If i run into a lay off problem and if i get RFE, then the first thing i will do is to run to my friends who have these small consulting companies and ask them to give me pay stubs.

-Satish.
 
I Think the suggestion by ar888 is the best :

__________________________________________
It's better you contact an existing small consulatancy company who can show you as an employee with them and generate 2-3 pay slips so that you can answer the RFE. Then file AC21 for change of employer with the same job title and description.
______________________________________________

Have faith in God and everything will be fine.Good Luck..
 
Hire a lawyer

I think the best thing to do is to hire an attorney. One may argue that having friend's company give you pay stubs is not fraud. But BCIS may look at that differently. I agree with ar888 that doing so is very risky. Hire a good attorney and follow his advise. There have been people without a job got RFE and later got approved on this forum. Per AC21, GC is for future employment. BCIS may delay your approval until you get a new similar position. So you focus should be landing a new job as soon as possible. Just my 2 cents. Good luck!
 
See with all the patch work you will end up in a messier situation, its best to contact a lawyer and go over your options.

it is worth persuing only if you know of any positions that you will most certainly get, otherwise it may be best not to spoil your case file with BCIS, any patch work you do if cought will be called "FRAUD" and is a federal offence, this will also jepordise your chances of getting GC in future, during the next boom.

I feel bad for you as most of us could see your situation.


BCIS gives you 12 weeks to reply for RFE so use this time to find a job, get legitimate pay stubs and reply to RFE.

HEY for all you know it could be a medical RFE.

do not worrt for income or same/similar position. get some job asap.

look in http://www.murthy.com/chat.html
this has a lot of valuable information, the following may help

Chat User : Hi, Ms. Murthy! If I get laid off before 180 days of I-485 filing, is there any specific period before which I should find another job?

Attorney Murthy : There is no specific period. A person is required to be working in the "same or similar" field to be eligible to get the GC as long as the INS takes over 180 days to adjudicate the case. If the INS sends an RFE requesting proof of employment, the new job will be needed within the RFE response deadline of 12 weeks. Without this proof, the best that could be hoped for would be that the INS would set the case for in-person interview. In that event, the new job would be needed prior to the interview.
 
Thanks!!

Thanks all of you for your advise.

I really hope that I get offer from one of the few interviews I had done recently so that I don't have to worry about paystubs.

If I change employer using AC21, what documents do I have to submit to INS at this point? Do I need a letter from former employer?

If any of you have any more advise, pls. do let me know. It really helps me (or may be other people in the same boat) to get some insight on our options.

Again, thanks so much...
 
one more question:

if fortunately I find a new employer, does the new employer has to be in the same State as my previous employer? Or it will be fine in any State as long as it is under Vermont SC?

Thanks.
 
No... you can find employer in any state... with EAD you can work for anyone anywhere in US, all you need is a paying job with similar job responsibilities as in stated in LC.

No letter from previous employer is not necessary at this point....
you will need a letter from any employer stating that you are employed and the likklehood that you will be employed with then in future.

AC21 is applicable for people changing jobs within 180 days for RD

Find a lawyer asap so that he/she has sufficient time to prepare a reply for your RFE.
 
You have already received lot of replies. I haven't read them all. Maybe someoene already suggested what I may suggest.

There are few things you can try:
1. If you left on good not with you rearlier employer. Talk to them and see if they can produce paystubs and employment letter for you.

2. Try to contact any bodyshopper you may know who can do same for you. One of my friends was in similar situation and had one of his friends company give him paystus for couple of months. (He found a job later - still waiting for approval). Atleast you know RFE is issued.

3. As few have suggested, see if a friend of yours can start a LLC (this is one form of company a non-citizen and non-permenant resident can start) and work out something for you. Shop around for CPA's who can do this in short time for you. I once contacted few CPA's for LLC. LLC's can e registered online if the CPA has that capablity and you can receive the id numer in 3 days (I think).

4. Even a letter of intent to hire you permanently from you sponsoring employer may work. Not sure. Talk to a good lawyer.

Hope this helps..
Good luck
 
Thanks again!

Thanks again for all the replies. It really makes me feel better that I still have a chance on my GC.

Now, how can I deal with the many months of employment gap between the old and new job? They could notice that I was missing a few months' income from my tax returns. I was under EAD, NOT H1 while between job. And, I don't think I could get any help from my previous employer on this.

Any advise??? :)
 
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