Help! RFE for I485: I am on leave of absence

mike_ter

Registered Users (C)
Hi There

I received the dreadful message today, INS wants RFE on my i485.

I fear it allot because I have the following complications:
- I have been on leave of absence since July 2001
- I have paychecks up to that point with full salary.
- No new employer
- Sponsoring Company (old company) went down sizing July 2001
  they are still in operation, but:
  they made no payrolls since July 2001,
  their income is low
  their financial situation (to be honest) is that they are to the last 500$ in the bank.
- However, they still operate, and old employer is willing to cooperate in whatever needed.

Lawyer say that company shaky position would make problems in proving they will hire me in my agreed salary. INS is asking for all company tax returns, EDD and Tax witholdings, etc...

I am stressed and worried.

Did anyone have a similar experience or can give me some advise? is there any way to present the company situation in a good light? would it be better for me to try and hunt for a new employer and use the 180 days rule? (very difficult to do because I am starting my own small business now, but I will do whatever I need to get the green-card!)

Please advise,
 
Suggestion

I think you would be better off getting a new job and using the 180 day rule. Anyway you will have about 3 months to respond to RFE, correct ?

If your current company\'s financial\'s are not that great, better don\'t create more trouble by passing some cooked up numbers and docs to INS.

Also consult your lawyer on different options. If your lawyer is not co-operative, this is the best time to get a different lawyer.

Hope this helps and good luck.

Tamizhan
 
Please post your details....

and also read this link:

ChrisSu "Is it enough to stay on payroll(on leave of absence) after you are laid off?" 3/22/02 12:35pm
 
It is best to get anothe job using 180 day rule

Actually if go on www.shusterman.com you can find more details on the 180 day rule. It is even ok to change jobs before 180 days as long as INS takes more than 180 days to decide on your case.

Consult a good lawyer.
 
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