I-485 issue RFE

S

Sricanth

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Need Help Here:
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1. "Company A" applied for my H1 in Jan 2000 and I started working for them. I started working for "Company B" as a Contractor being an employee of "Company A". September 2000 "Company A" applied for my Labor Certification for Green Card. The salary was mentioned as $60K after Green Card. They were paying me $42K at that point. November 2000 Labor got approved and in Feb 2001 the "Company A" applied for my I-140.

2. April 2001 "Company B" wanted me to be their permanent employee as they cannot afford contractors. So "Company A" asked me to join "Company B" but agreed to process my Green Card and asked me to join them back after the approval of the Green Card.
3. "Company B" applied for my H1B transfer and got it approved and I joined them in May 2001.
4. October 2001 I-140 applied through "Company A" got approved. "Company A" decided to apply for I-485. November 2001 we applied for I-485 through "Company A" although working for "Company B". The "Company A" had provided a letter to the INS for my I-485 application that I am a Current Employee of them and the salary they are paying is $45K and this position is going to be full time as soon the Green Card is approved.
5. I am still working for "Company B".
6. Got my EAD/AP approved in March 2002 and I am still working with "Company B" on H1B.
7. Got my Finger Prints notices in April 2002 and we have completed them.
8. Applied for EAD/AP renewal in March 2003 and got approvals in August 2003.
9. Got 2nd Finger Printing notices in November 2003 and we completed them.
10. Got 3rd Finger Printing notices in January 2003 and we completed them again.
11. Now I (Primary Beneficiary) got a RFE asking for the following:
Employment Offer: Submit a recent letter from your employer on their original letterhead (not photocopy) showing that they are offering you a permanent, full-time position. The letter must indicate the position, salary/wage, and the specific duties to be performed. Such letter must still be submitted even if the employer is different from the I-140 petitioner (under "AC21").

Tax Documents - BENEFICIARY: Submit COMPLETE copies of your Form(s) 1040 for the 2001, 2003 and 2003 tax year(s), along with all the Schedules and Attachments for each year. Also, provide all of your Forms W-2 for each of the above year(s). If you were unemplyed, or only employed on a part-time basis during any of the period requested above, provide a statement indicating such, along with an explanation as to how you were able to afford your living expenses. Also, submit your three most recent pay stubs. If you are not currently working for the petitioner, explain why.
12. My spouse (Derivative) got a RFE asking for the following:
Employment Offer or Form 1-134: Submit a recent letter from the primary beneficiaries employer on their original letterhead (not photocopy) showing that they are offering the primary beneficiary a permanent, full-time position. The letter must indicate the position, salary/wage, and the specific duties to be performed OR submit Affidavit of Support (Fonn 1-134) from the primary beneficiary for his dependants.
13. We got all the required materials to answer this RFE like
a. Employment Letter from the Current Employer ("Company B") showing that I am working with them and the position becomes full time as soon as the GC is approved. The salary is $50K (Less 10K from "Company A" Labor) and the position and duties are the same.
b. "Company A" is also ready to give a letter saying that the Position is still Open and they are intersted in offering a full time position as soon as the I-485 gets approved.
c. We have Tax Returns for 2001/2002/2003.
d. We have W-2's for 2001 (15K from "Company A", 30K from "Company B"), 2002 ($50K from "Company B"), 2003 ($50K from "Company B").
e. 3 Current Pay Stubs ("Company B").

My Questions:

1. Am I eligible for a GC through "Future Employment" through "Company A". The reason I have a question is because at 485 stage though I was not working for "Company A" they gave me a letter saying that i am employed with them. Submitting a 2001 W-2 from "Company A" and "Company B" will cause any
problem?

2. Should I apply for AC21 through Company B. If I respond to this RFE saying that I am using AC21 will they question me looking at my 2001 W-2 from "Company A" and question me why I got only 15K in 2001.

Please help me.
 
Sricanth

Hi,
Did u attach w2s & tax return when u file 485. They have asked too much question abt w2 & tax return & employed or unemployed ?

Which service center u have filed i485? TSC??

Thx
sank
 
Re: Sricanth

I think you will get approved Its not a prob. Coz, you got all W2's and emploement letters. Company is giving full support to you then its not a prob.
If you use H1B there is no prob. better to prepare all the documents then apply you will get it with in a month.

I got my Future GC, still i did not work that company. If company supports then its not a prob.

be patients.......... Good luck......
 
Hello there


Don't panic and relax, there is nothing wrong with ur case.... you have two options open...

First is stick with company A that is giving u all docs (use 'B' w2+ ur tax reutrn).

Before I tell u second option here is one question for u
Q1. because u are currently working for Company 'B' and 'B' is willing to support u and gives u the same EVL?

if yes then u still have second option to use AC-21 (I assumed u are familar with), using this AC-21 that says after 180 pending days of 485 you can switched job or change employer....

.... Here is my opinion

YOu have pay stubs+tax returns from company B (doesn't matter if salary is less). and company 'B' is going to give letter that they are going to support as permenant employee.... blah blah same job time same duties.......

and you are going to work for company 'B' so why are u looking for company 'A' .... why not use AC-21 that ... saying okay .................. I am working since blah blah on same job title same duties what is discribed in LC/140 and willing to work permanenetly (no matter which company0.... where is my GC??

you und what I am saying........ so stop worring.... and start smiling.... :)

First decide carefully with Attorney advise and listen to you heart.... what way u want to go... both ways are fine....

1. reply RFE using Company 'A'

2. reply RFE using company 'B' (condition: same job title same duties + EVL (don't worry about less salary)).

if u think that company B is suitable and you are going to work for them.... and they are willing to support ..... then my 'PERSONAL OPINION' start with company "B" so in future if ur file is opened (may God not happen) so you will look all set... that okay here is thing I got GC because of employment here is my record company 'A' sponsered me... because of shaky ecnomic conditions they couldn't afford me ...so I joined company "B" ... same work same duties .... I compromise with salary... they promised me to give me after Gc.. blah blah... here I paid taxes since.... and here is all proof that all time I work work and pay taxes.... hehe :) did u see anyhting wrong with my case....?? so my friend stop worring... start :)...........


got the point..... so stop worring ... and decide whatever way u want to go with... I just shared my opinion.....

and one more thing..... I am forgeting.... to work on with.... "Company B should be able to pay you.... as strong finincial supprt " because I don't want you to ignore that when u send them letter that company B is ur new sponser...there is no-way to backup in ur stroy...... and incase 'B' failed to proof that they are stablished financialy that wouild be trouble indicator... because ..... many ppl got RFE saying submit proof of ur company was able to pay u since Periority Date of LC..... I believe in ur case company "B" should be able to show in their company tax returns that they can pay you....

Because u switched the company so you wouldn't be asked about proof of ablility to pay since PD... but may be they will ask u /company 'B' to proof to ability to pay salary at the time, u decide to join them so keep in mind these thing.......


wish u Good Luck!
 
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Thanks For the Update

P.OJ,

Thanks for the update. But I have one more concern. Looking at your update I have decided to use my option 2 which is AC21.

When applying for I-485 though I was not working for "Company A" they gave me a letter saying that I am employed currently and will be employed on permanent basis once the 485 is approved.

What exactly is AC21? Since I joined "Company B" even before filing 485 from "Company A" will my case fall under AC21?
AC21 can be applied only when you file for 485 from Company A and switch to "Company B" after 180 days?

If I am using AC21 and if they look at by 2001 W2 from "Company A", will they question me as why I got only 15K salary in 2001?

Let me know. I really appreciate your help.
 
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Greetings

You wrote

>>>> When applying for I-485 though I was not working for "Company A" they gave me a letter saying that I am employed currently and will be employed on permanent basis once the 485 is approved.


I read the dates you applied 485 in Nov while you were not working for them but u did worked till April.... and the company A gave u letter admiting you are current employee. but at that time you have alredy joined Company B. as H1 transfered.... so your concerned is how can u proof ?.....

I like to make sure what exacely words written in letter... did they just promise that they are going go hire or they clearly said "current employee"

and even they used words it won't make much effect.... because you aldready have some

W2 from Company A
W2 from company B

(don't worry about $$)


Here is thing to notice and I believe it is in your favor.... in Nov they 2001 they applied 485. you do have w2 for 2001. and your submited ur taxes Company A+Company B income in 2002 for taxes of 2001.

the total amount would be atlest near..... dates are important.... but W2 don't show the date....

if you are thinking they would be asking you about letter.... you can explain them... I believe they are not going in months difference in date....

If anything happen you can say.... "I was working for The Company A here is proof..(w2) ... and because of ecnomic condition I was RELEASED...with promising they would hire me once I have my GC...... they arrange my subtititude employer 'company B'... and I worked.... I came here for work .... I worked H1B.... I liked to settle my fmaily here ... I did work in company B as same job same title.... Company A was my sponser they couldn't afford me .... because of ecnomic .... I worked for 'B' I am working for 'B' .. and I will work for 'B'

basicaly GC is future employment .... its upto you and company how long relation you like to go ..... there is some glitch (your concerned and letter current employee). but it is explainable...... and they are not stoping you to get this.... maximum they willl ask company A .... they can say yes at that time he was our current employee.... and we had intention to continue his employment..... and future we thought we will be able to establish our businss and keep him as our permanent employee... thats it....

Did u find anyting wrong...... Nooo.... you did work for 'A' ... doesnt' matter H1b....

I like you to keep be hopefull.... you all set there is small glitch that is fixable.... if you go agian Company 'A' then I blieve it would be more complicated because they would be cheking W2 as company name (not salary amount).

if they finds company B W2 and your New sponser is same..... then they won't be touching Company A ... for that letter....

most ppl who filled 485 they filled without company letter.... becuase tey know they will get EVL (employment verificaiton letter).

your case is on solid bases (unless u make them mess).... so don't worry....

I have seen many ppl approved they change multiple jobs not only one but more than one.... and some of them were unemployed sicne months....

You are very lucky that you have same job title same duties the company B is giving u letter and support.... you never be unemployed.... you paid all taxes....

so stop worring be happy...



you wrote

>>>> What exactly is AC21? Since I joined "Company B" even before filing 485 from "Company A" will my case fall under AC21?
AC21 can be applied only when you file for 485 from Company A and switch to "Company B" after 180 days?

not exactly..... you will fit well.... but somehow you willl be okay with that... how .... comapny "A' did not rewoked ur 140 nor they asked USCIS to withdraw as ur sponser.... its mean yes..... they were willing to support .... but you decided to switched employer... it is little complicated but attorney willl solve this issue.... talk with him



you wrote ....
>>>If I am using AC21 and if they look at by 2001 W2 from "Company A", will they question me as why I got only 15K salary in 2001?

YOu are again in panic my friend...
As I told you they this is future based employment GC.... if they didn't pay anyting does it mean they won't?.. their letter says yes they will support ur GC... you willl be hired ....just keep aside $$ for one minute.

there is nothing wrong you paied tax for 2001 (company A+CompanyB) = that would be almost good figure.......

is that right? you are not showing only one W2 u are showing two W2s.....

and even ur new emplooyer is comp B.... so thats in your favour too... I told u here is thing to tell them if they have any objection..... comp A hired me they sponsed me.... ecnomic was not good they promised me to rehire at time of GC they did supported me here is proof.... but .....but..... company A finincial position is not stablised as expected so company B is my new sponser.... and I will work for them same job same title... almost same salary.... here is their letter of support ..... END OF STORY.... give me my GC.

don't worry they are not just stoping you becuase you switched job.... or becuase of the letter...

your statement should be
I came for work ....
I am working
I willl continue working.... and based on my work I am asked you got entitled me GC.....

....... I blieve there is nothing wrong .... so go ahead and talk with ur attorney even different attorney to just get second opinion.....

my friend I am not a attorney ... all I shared is my personal opionion....

wish u good luck... its very late night I have to go and sleepp....

so good luck to you

smile :) u all set


remember don't send any doc what is not asked. wait for EVL RFE they wuold send you... to confirm that you are employee in same/or any compnay and working as same job title. blah balh
 
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Thanks for your Update P.O.J

P.O.J,

Thanks again for all the timely help. I will decide soon. Will keep you updated.

First I will talk to my attorney and also planning to talk to another attorney to have a second opinion.

Thanks Again.

:)
 
Originally posted by Sricanth

4. October 2001 I-140 applied through "Company A" got approved. "Company A" decided to apply for I-485. November 2001 we applied for I-485 through "Company A" although working for "Company B". The "Company A" had provided a letter to the INS for my I-485 application that I am a Current Employee of them and the salary they are paying is $45K and this position is going to be full time as soon the Green Card is approved.
5. I am still working for "Company B".
Click to expand...

This is the only problem that I see. The rest of the situation just needs to be explained. Company A needs to explain why they said that you were their employee when in fact you were not.
 
Thanks for the update JIM

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This is the only problem that I see. The rest of the situation just needs to be explained. Company A needs to explain why they said that you were their employee when in fact you were not.
__________________
Jim


Jim,

Thanks for the update. Could you please tell me how we can address this issue and get the approval.

I appreciate your response.

Thanks Again.
 
They need to explain how it happened. I suspect that it was a clerical error of some type. HR probably printed out a normal form letter that is used for this purpose and didn't realize that it was being used for a future employment situation were the employee did not currently work for them.

Your situation is not simple though and you will need to work with your attorney to work this out and supply the best response possible. It ain't as simple as "it's future employement so it doesn't matter what you do." Your resignation from the sponsoring employer raises significant intent questions and USCIS may not buy your explanation regardless of what you say.

Speak to your attorney since the best answer to this will vary according to the factual situation.
 
Thanks for the information

Jim,

I really appreciate your response. Yes the Employment Letter stating that I am a current employee was a clerical error.
But do you recommend us to explain USCIS regarding this voluntarily?

What if we just send the 2001(Just W-2 from Company A) / 2002 / 2003 W-2'S and Tax Returns with a letter from Company B
stating that I am a current employee and this position is permanent upon approval of 485. Will INS ask us why we had only 15K
in the year 2001?

Would you like to take up this case? If not could you please suggest a good attorney who can take this case and get an approval.

Let me know.

Thank you again for the response.
 
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