Laid off and got RFE

M

ms001

Registered Users (C)
Hi ,

Unfortunately, my company liquidated and closed all operations in mid
January and after 12 days I got an RFE asking employment letter , no paystubs etc.
Friends, mine is sept 2001 RD, after waiting
endlessly, I never forsaw to be in such a situation.

I am managing to get an employment in a small firm , with salary just
above the labour.

Please suggest me my options and best way to reply, this RFE. Am I
hopelessly placed.

Appreciate any helpful tips.
 
Originally posted by ms001
Hi ,

Unfortunately, my company liquidated and closed all operations in mid
January and after 12 days I got an RFE asking employment letter , no paystubs etc.
Friends, mine is sept 2001 RD, after waiting
endlessly, I never forsaw to be in such a situation.

I am managing to get an employment in a small firm , with salary just
above the labour.

Please suggest me my options and best way to reply, this RFE. Am I
hopelessly placed.

Appreciate any helpful tips.
Click to expand...

No you are not. Don't lose heart. We will get there. If you can send them the offer letter(which should be quoting ur job responsibilities, employment and salary) and last few paystubs(however old they are), you should be fine.
Hope this helps.
 
Thanks Roran

They have not asked for any paystubs and my lawyer says paystubs are not needed. Still, will it be better to send the paystubs as I feel they would be.

Should I get a second opinion from any other lawyer, please suggest any good lawyers.
 
Re: Thanks Roran

Originally posted by ms001
They have not asked for any paystubs and my lawyer says paystubs are not needed. Still, will it be better to send the paystubs as I feel they would be.

Should I get a second opinion from any other lawyer, please suggest any good lawyers.
Click to expand...

Don't send anything they have not asked for. I consulted Law offices of sheela murthy for second consultation. They are in Baltimore area. I don't know where you are from. It is always better to get second opinion from reputed lawyers.
 
HI I agree with Roran, don't send anything they haven't asked about. Send a copy of your offer letter and a current employment letter from your new company with all that Roran has mentioned.
Along with that send a letter explaining the situation. I'm sure that should be enough.
If your lawyer has had a lot of experience filing I 485 cases then just trust him. If you think he's not of any good then get a second opnion I think it would be worth it.
 
Don't worry

Send in your employment letter from the new firm. Just make sure you have the same job description as your previous empolyment letter.

God bless you.
 
No need to worry if you are employed

ms001 - your will have to use AC21 in your case. There are no hard and fast rules for documents to send in such a scenario. Let your lawyer decide. My $.02 is that you will need offer letter/propect of continued employment, pay stubs and a cover letter from lawyer explaining invocation of AC21 in your case. Your employment should be in a same/similar job.
You do have some time to reply - that should give you enough paystubs in hand. If INS needs more documents they will send you a second RFE.
I don't see any need to worry in case - there might be some confusion (even amongst lawyers) since there are no written guidelines on AC21. Bottomline as long as you are employed within a similar job description YOU WILL BE OKAY. Worst possible outcome is a delay in your case. The bright side is that INS is picked up your file and you will be approved soon. Good Luck.
 
Take it easy

GC is for future job... send the offer letter, worst case scenario is the INS may issue another RFE for Paystub...............that's a minor issue...
Also INS gives 90 days to respond to RFE's.......
 
Don't give INS more ideas! Just enough what they've asked for....

Reply to the RFE 'to the point'. Beating about the bush as to how your company got liquidated or circumstances which forced you to take up another job etc. may not appeal to INS at all. Replying to the RFE with a simple offer letter stating the use of AC21 clause alongwith just enough documents that they may have asked for, should be good enough.

In my opinion, waiting for atleast one paystub from your new Co. and then replying to the RFE alongwith the new offer letter is the best bath.

On the other hand, it could be a good idea to send old paystubs as well,if you wish INS to know that you have not been unemployed for long. So, go by your gut feeling.


All said, I don't think that you are in any grave situation as you are anticipating. Look at the positive developments favouring you- You still have a job (so what, if not the same). What more can you ask for! Use this positive outlook in replying to the RFE and I bet you will pass with flying colors.
 
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