Interview Docs - Urgent reply pls.

M

minknowledge1

Registered Users (C)
Hi Everybody

Your experience & knowledge pls.....

Q1 . For Interview do I need to get
DE-6 report,
Company Tax returns,
Finanacial Statement
Annual report

Q2 . My previous company was acquired by this new bigger
company. Do I come under AC-21 clause.

( I stay in different state (Not CA) and have been there since last 2 years. I do have my interview in LA. 485 was filed in CA, i used
to stay/work in CA at that time )

For Q1 . My thoughts :-
My company is fairly big company (Can say around billion$$ ).
Its a public limited company, & I am doubful if they will ever give me tax returns or DE-6 report. Do you think this will affect the interview.
I believe i can get the Financial Statement / Annual report or some
reports of similar kind on the Internet, Since the company is public
limited.

For Q2. My lawyer says :-
Its not an AC-21 case and I should not get an AC21 letter. I did
not chage the company on my own, it was acquired by another
company and so the change in name. He says I am not AC21 case


Your replies are really appreciated

Thanks
 
minknowledge1,

I believe that your attorney should know all details of your individual situation and should have a better advice for you.

Otherwise, here's my thoughts on the posted questions.

Q1. Usually only those documents are needed that are mentioned in the interview notice.

Although tax returns and quarterly wage and withholding reports (DE-6) are proprietary, I believe that the company may agree to provide them, granted that you won't see them.

Anyway, you know what they say: "We shall cross that bridge when we come to it". So, stop worrying for now.

Q2. Well, an answer to this question depends on details you do not disclose.

For example. You mention that you've been living in CA for a while, and your AOS was filed with CSC. This may mean that your LC was also filed for a particular area in CA. Therefore, your change of worksite could not be possibly justified by other means then AC21. That is, unless your LC was specifically designed to accommodate multiple worksites (extremely rare, if you ask me).

Another example. What does it mean, "acquired"? Was it a full acquisition when the new company became a successor of interest or just an acquisition of your old company's assets? In the former situation I-140 amendment applies, while in latter it does not and you go straight for AC21.

These are just examples. As I mentioned above, your lawyer should have detailed knowledge of your individual case and give you a better advice.
 
thanks for the reply

No the DE6 report is not asked in the letter for interview., but a common document that says for employment AOS get either DE-6 report, Company Tax returns,Finanacial Statement, Annual report to prove that company can pay.

My previous company was fully acquired by this new company, now i belong to this new company. No we did not amend the
I-140 . No we did not notify the INS that we moved to different state , till now.


Tell me, do they list that AC-21 letter is needed in case they feel that the person changed companies.
For me they have asked the basic stuff, EVL, paystubs, W2, 1040
both for last 2 years, evidence of shared life...... thats it....


For an AC-21 case what documents are required, is it just a letter from the company that says AC-21 and thats it or other documents and forms are required for AC-21....

please reply
 
minknowledge1,

In my case INS asked for tax documents of the sponsering company, since I changed job attorney advised for Tax documents of the current and previous employer.

Current employer was not willing to give tax documents, instead attorney said annual report should be ok I sent a copy of annual report and recent earnings statement for most recent quarter, my case was approved yesterday.

Take a copy of annual report and recent quarter Sec earnings filing statement.

good luck

-RM
 
minknowledge1,

there's no "AC21 letter" when you go to an interview. Your interviewer will probably ask you (if s/he does not see it from another source like a paystub) if you have changed your GC sponsor. And you will have to explain what exactly happened.

EVL from the new employer should suffice for the purposes of AC21, because it will explain your job title and description and compensation you are receiving/ought to receive should the GC be approved. The job title and description should be as close as practically possible (read: exactly the same) as the job you had in the old company. And the salary should be on par with your LC, or greater.

There's nothing more to it, to my best knowledge.

---

I understand why your attorney refuses to think it is an AC21 case. But your move from CA, for which your LC was filed and approved, pretty much makes any other options inapplicable. Besides, your lawyer has never amended your I-140, which is the usual procedure during acquisitions with successor-of-interest.
 
Originally posted by BitterMan
The job title and description should be as close as practically possible (read: exactly the same) as the job you had in the old company. And the salary should be on par with your LC, or greater.
Click to expand...

AC21 says only about job duties and 180 days and nothing about job description and salary
 
Tasse is RIGHT! AC21 does NOT talk about job title or salary.

The general consensus seems to be same job duty but title could vary unless it is very different and salary has no restriction other than the possibility of becoming a public charge.
 
Guys,

you are probably right. You should have learned by now that my advice is usually the most conservative of all ;)
 
Bitterman,

Your advise is probably the best, I like the conservative approach myself, better safe than sorry. Though the AC21 law says nothing about salary and title, it is always better to make sure that the title and salary match in all ways, just because you can't be sure that the IIO knows the rules behind AC21. :)

So yeah though AC21 exists, I would definitely recommend making equal or higher salary, with appropriate job description.
 
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