need help plzzz

V

vjshanker

Registered Users (C)
hi guys/gals,

I need advice from you ppl. I got the following RFE:

EMPLOYMENT LETTER: Submit a letter on your employer's original letterhead(not photocopy) showing you are employed full-time(40 hours per week) in a permanent job. If your I-485 has been pending for more than 180 days and you intend to work for a different employer in the same field with similar job duties as the one that was offered to you by the pettioning employer, you must ask in writing that the American Competitiveness Act of the 21st Century (AC21) be applied. Please provide a complete description of both jobs.


I left my sponser company after 180 days. Because they didn't had any job for me.
Now i am working on EAD with new company. I talked to my lawyer..she said i need to
provide proof from my current company saying they have ability to pay my wages in other words she is asking for financial information and secondly she is asking me to let my current company continue as the sponsor of my permanent residency. Since i am working on EAD, there is no way my current company will provide me this information or support me in my GC. They have nothing to do with my GC.
So what should i do...even though i told my attorney that my current company has nothing to do with my GC...still she is asking for above information.
After waiting 30 months i am in this situation....please suggest me or share your views..
rgds
vjshanker
 
I think your reply to RFE should contain exactly what they ask for: a letter saying that you're employed full time in a permanent job. Ask HR to add your current job duties, and give them your original duties from the previous company, hopefully with little modifocation they can fit.

Separately from that on a different piece of paper write the AC-21 letter, I don't know what's the exact form of it, but you can maybe search this forum - something like "I wish to use AC-21, ... after 180 days switched companies, ..., job duties with previous employer (copy of previous finilng included), ... , my new employer's letter is included, explaining new duties."

Hope this helps.
 
>Since i am working on EAD, there is no way my current company will provide >me this information or support me in my GC. They have nothing to do with >my GC.


All that you current company has to do is give a letter stating the following :
1.They support your application for permanent residency
2. Your job title and job duties
3. Annual salary

Since your company doesn't have to do anything towards your GC except for giving out this letter, it may not be an issue,you need to check with them.

To prove that your company can pay the wages indicated, you can get copies of their annual report if they have it.
 
Unfortunately you HAVE to provide the letter as asked by INS. As most people above have mentioned, the new company has nothing to do with your GC, but they should provide a letter of support. I don't think any company will have a problem with that considering they do have you on their payroll and plan to keep you employed.

Good luck!
 
I dont see where they mention "Support the GC application". All you new company has to do is, give a letter on their letterhead that you work for them, 40 hours and make so much $$ .. etc etc. And of course your job resposibilities. It can be addressed to "Whom it may concern".

Ability to pay to be demonstrated only if asked. Otherwise send what they ask for.
 
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