How to apply for this RFE?

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NanGC

Registered Users (C)
Hi, gurus,

The site has been great and I have found many useful information. Now I need your help again and I would post the result of my case later on as feedback.

My case is like this: I140/485 was filed concurrently by company A in Jan 2003. I140 was approved in April, 2003, and I was laid off in the same month before 180 days of I485 pending. I found a new job with company B in late July. Now, I received a RFE from USCIS. It is as following:

The record contains a letter from your prospective employer. The letter indicates that you have been employed by Company A as a software engineer. However, the record does not contain any evidence which establish that the terms of the permanent petition continue to exist. Therefore, you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the terms and condition of the employment petition continue to exist.

How do I respond to this RFE? What's in the mind of USCIS. I can't get a letter from Company A. I need help from those experienced or with the similar case.

Many Thanks!
 
NanGC said:
Hi, gurus,

The site has been great and I have found many useful information. Now I need your help again and I would post the result of my case later on as feedback.

My case is like this: I140/485 was filed concurrently by company A in Jan 2003. I140 was approved in April, 2003, and I was laid off in the same month before 180 days of I485 pending. I found a new job with company B in late July. Now, I received a RFE from USCIS. It is as following:

The record contains a letter from your prospective employer. The letter indicates that you have been employed by Company A as a software engineer. However, the record does not contain any evidence which establish that the terms of the permanent petition continue to exist. Therefore, you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the terms and condition of the employment petition continue to exist.

How do I respond to this RFE? What's in the mind of USCIS. I can't get a letter from Company A. I need help from those experienced or with the similar case.

Many Thanks!
Click to expand...
send the new employer job offer letter in similar/same job duties and use AC21( better also attach 3-4 recent pay stub copy of new employer)
 
Ginnu,

Thanks for your suggestion. There is no problem that I could get a letter from my current employer. But it seems RFE asks for letter from Company A, not my current employer. Company A actually no longer exists. Do I need to send a letter to USCIS to tell my starting and ending date of employment with company A? I am not comfortable to do that but it looks like USCIS knows that anyway.
 
NanGC said:
Ginnu,

Thanks for your suggestion. There is no problem that I could get a letter from my current employer. But it seems RFE asks for letter from Company A, not my current employer. Company A actually no longer exists. Do I need to send a letter to USCIS to tell my starting and ending date of employment with company A? I am not comfortable to do that but it looks like USCIS knows that anyway.
Click to expand...

Dates of switching are not important, dont mention them. Just file a standard AC21 letter stating you are now in a permanent position and they (new employer) will support you after you are granted your GC.
 
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Here is what I get from my lawyer's office: You do carry the burden to prove that your employment change did not take place until after your I-485 had been pending for more than 180 days.

He is one of those famous lawyers. When I consulted with him at the first time, he assured me that my case is ok without any doubt. Now, he is backed off probably because of Yates memo. I paid big bucks and now feel betrayed.

To reduce the risk, I am thinking to get H1B back or start another case using PERM as a backup.
 
NanGC,
If the lawyer is not cooperating, you change the lawyer. You don't waste time going to PERM and all. I am too in the same boat. ie same kind of RFE. I can not start new labour. My visa is still July 2005 only. I am going to try my level best. At last, what is going to happen? Apply maximum rule. :p
 
Sorry guys, I am not experienced in this but this case does not seem to be complicated to me. Why just not to send and EVL letter and some paychecks in as ginnu suggested ? Is there any special difficulty here ?
 
NanGC said:
You do carry the burden to prove that your employment change did not take place until after your I-485 had been pending for more than 180 days.
Click to expand...

Considering that the latest Yates memorandum on AC21 clearly states that the beneficiary need not ever have been employed by the petitioner, and that the only thing that matters is that intent existed at the time of I-140 approval, AC21 is clearly available in your case.

Tell the attorney that based on the latest Yates memorandum, your case is approvable and if they do not intend to do their job, you'll find another attorney.

Send in the AC21 letter, and indicate that the employment relationship existed at the time of I-140 approval.
 
TheRealCanadian said:
indicate that the employment relationship existed at the time of I-140 approval.
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Does he needs to do that?
My understanding is all he needs to do sending the letter from his employer and short covering letter that he is using AC-21 which he is eligible for.
 
updates?

So, what action did you end up taking? could you pls share? thanks.

NanGC said:
Here is what I get from my lawyer's office: You do carry the burden to prove that your employment change did not take place until after your I-485 had been pending for more than 180 days.

He is one of those famous lawyers. When I consulted with him at the first time, he assured me that my case is ok without any doubt. Now, he is backed off probably because of Yates memo. I paid big bucks and now feel betrayed.

To reduce the risk, I am thinking to get H1B back or start another case using PERM as a backup.
Click to expand...
 
Just get the advise from a top immigration lawyer. He suggested to submit letter from current employer only. Nothing else. I would follow his direction. Get my finger crossed and wish the best.
 
Hi, Gurus,

I have just received the interview notice in local office. It asks me for current employment letter, last three year's tax return, W-2 and other supporting documents like birth certificate etc. Is this a good or bad sign?

How much is the possibility that they will raise the issue of when I left my previous employer? In case they raise question about AC21, do I just tell them the truth? I really need some advice from you guys.
 
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