Laid off - RFE from VSC

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Bravemind

Registered Users (C)
I was laid off from my company. Now, my lawyer says I may get an RFE from VSC asking for employment letter. I do not have a job yet. Has anyone been such a situation? All those people who got approved recently... did you get an RFE asking for employment letter?

Desperately waiting for your replies

Thanks in advance
 
No Title

Bravemind, its a tricky situation. but you can work it out in your favor if you act immidiately.

Once again I am not a lawyer so please contact your lawyer for the proper advise but following are my thoughts.

I have couple of questions for you.
1) Is your RFE is for employment letter or they asked for last 2 months pay stubs as well.
2) When is the dead line for responding to your RFE.

Now if INS asked only for employment letter (and if your 485 is pending for more than 6 months), then you should immidiately join another company and get employment letter from the new company. Though INS has not implemented the law, I heard that on March 23rd meeting, they verbally agreed to the contents of the new law (once again, confirm this from your lawyer or other experienced lawyers, such as Mr. Rajeev Khanna). So as per this new law, you can switch employment after 180 days. Also try to show evidence to INS that you got laid off from your old company and you did not quit intentionally. Hey you could be one of the first few who will get benefitted by the new law.

If INS has also asked for the last 2 months pay stubs with employment letter, then you can join new company and be on their payroll for 2 months (I hope your RFE dead line is 12 weeks from the receipt date of RFE). So even if you join from now, you can still be on the new companys payroll for 2 months and submit the last 2 months pay stubs before the RFE dead line. If you got laid off recently and if you have last 1 month\'s paystubs from old company, then you can work with the new employer for 1 month. In this case you will have to submit the employment letter from new employer, 1 month paystubs from old employer and 1 months paystubs from the new employer.

Hope this will help. all the best,

Vinayak
 
No Title

Thanks very much for your detailed reply, Vinayak. I haven\'t received an RFE for employment letter yet. But my lawyer says it will come invariably. I was laid of in the first week of March \'01. My I485 ND is May \'00. So, more than 180 days are over. The problem is finding a job here in south ohio. But, I am very glad to know that VSC gives 12 weeks time. Thanks for this info. Several consulting companies have given me written offer of employment. But, very surprisingly none of these companies have been able to find an assignment here and they all admitted the market here is dead. I cannot move out of this area because I do not know what the new regulations say.

Anyway thanks a lot
 
No Title

Bravemind,

i think its not necessary to have the job in the same location. Confirm with your lawyer, but I heard that as per the new law you can take up job any where in the country (after 180 days of applying 485) and still continue the GC. So dont just wait for Ohio, try elsewhere. Hey but get your lawyers advise first.

Vinayak
 
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