need help..

M

maddi2000

Registered Users (C)
Hi.
I just checked up AVM. It looks like they sent a RFE. Now..I changed my employer in FEb-2001. I filed my 485 in mar-2000. If they ask me employement letter from where i need to get it(from current employer or old employer.) If they ask me pay stubs also i need to use my current employer. Will that effect my GC.
Eb3,India PD 10/98 RD: 3/27/00 ND: 3/31/00/ Sumitted new i140 (In EB2 in Nov 2000)
 My old employer may give only employment(If i tried hard).
Please shed some light on my case.

Thanks,
 
No Title

I think you can use AC 21.
This is what you should do (ofcourse this is just friendly advise. Talk to Sheela Murthy and Rajeev Khanna).

Get the future employment letter from your new employer and state the Position in the company and job description similar to the labor application. Also make sure that the salary defined in the letter is atleast equal to or greater thajn the one mentioned in the labor application.

Also attach all the W2 and salary slips requested (even though part of it is from the old employer and new employer. INS is just trying to verify that you were working and earning in last few years and they verify that through pay stubs abd W2s. Future employment letter is to make sure that you will have a job and won`t be a liability after getting GC.

With AC-21, you can switch employer after 180 days of applying to 485. Great lawyers like Rajeev Khanna and Sheela Murthy will definitely challange INS using AC-21 in the RFE Response letter. So you should take their advise before responding to your RFE.

In the worst case scenario, you can continue working for the new employer and start the labor and 140. You can use your current priority date and save lot of time. If you have exhausted all 6 years of your H1, then you can delay the response to the RFE (you have 90 days to respond to RFE) and apply for new H1 from new employer. As long as your 485 is pending you can get new H1 for 1 year and do the labor and i140 in this one year. Hey but I am sure you will not need this.

Wish you all the best.

Vinayak
 
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