ok this was my massive RFE....

C

cnr

Registered Users (C)
I switched jobs on the 210th day after filing my I-485 and 3 months after my I-140 got approved. Submitted an AC21 letter with an employment letter. But unfortunately the letter head from my employer did not have the company’s address (just the logo). And I got the following RFE:

1) Evidence to establish that your permanent employer has the ability to pay the proffered wage in accordance With Title 8, Code of Federal Regulations, Part 204.5(g)(2). Such evidence may include, but is not limited to copies: latest annual report; current U.S. Federal Income Tax Return; IRS Form 941 for the past four quarters; IRS Form W-2 showing the annual salary paid to you, audited current financial statements.

2) Originally signed employment offer from XXX (the letter submitted is insufficient, because it is not on official corporate letterhead).

3) Form G-325 (revised or supplement to the initial form submitted) to include current Information pertaining your employment and residence.


In the mean while (as I have mentioned in other threads), the company for which I worked (which is a Subsidiary of a huge company) merged with its parent company. I engaged a lawyer and produced the following:

1) Letter from the HR stating that the child company is a fully owned Subsidiary of the parent company (on Parent company's letter head, with address and phone numbers) and that I have been working for the organization since the day they employed me as XXX (the same post for which my LC was applied by my green card sponsor) ..,

2) I also submitted all the documents like financial statements (latest annual report) Since my employee now is a public company, most documents are in public domain…

3) W2s, Tax returns, Copy of EAD/AP, copies of140 approval.

3) G-325s

My current employer is probably one of the biggest companies in the United states and is well known and I think I do not have anything else to fear….or do I ?
 
Maybe I am wrong, maybe you should seriously ask about it with your lawyer. If you concurrently filed I140 and I485 (Employer petition), you can only change job 180 days after I140 approval. Once again, you should consult with expert.
 
IBelieve,

The rule is 180 days after applying for I-140, not 180 days after approval of I-140.

What sounds funny is that USCIS raised an "ability to pay" issue in an I-485 RFE.
"ability to pay" issue is raised in an I-140 RFE.
 
A Copy of AC21 signed by William Yates at http://www.usavisanow.com/8-13-03-140-485.pdf states:
An approval of I-140 shall remain valid if:

*A Form i-485, Application to Adjust status, on the basis of EB immigration petition has been filed and remained unadjuducated for 180 days or more and
*The new job is in the same of similar occupational classification as the job for which the certification or approval was initially made

+ I consulted 2 lawyers all of whom said the same
 
CNR, Did you ever submitted letter describing your job duties, or just the offer letter. I am in the similar sitiuation, joined fortune 10. I want to file AC21, but my new company is not giving letter decribing job duties, unless INS asks for it.

Did they ever ask you about the job responsibities? Should I just send the Ac21 with the offer letter and new employer's pay stub.
 
No I did not provide a letter describing my job duties, neither did the USCIS as me for it. I have been employed at the same post (designation) and the Yates memo clearly states that it is ok as long as the new job is in a same or similar occupational classification. So if they want it , they might as well ask for it !!
 
cnr,

How did you deal with the "ability to pay" issue.
I am worried that they might ask me the same for my I-485

I was thinking all along that, once your I-140 is approved, then you dont
have to worry about "ability to pay" issues.

thanks
 
Yes I know it is kinda strange that BSCIS asked me a question that is usually resolved in i-140 stage.
I sent them the Company's Annual Financial Statement, a letter stating that I was hired on such-an-such date /position (which in my case was the same as the labor) with a Annual Salary of XXX. Since mine is a huge company it was not possible to get Audited Financial reports or a IRS Form 941/
Although if you work for a a company that has more than 100 employees then As per 204.5(g)(2), you can get a letter from a financial officer of the organization which establishes the prospective employer's ability to pay the proffered wage. ..
Hope this helps.
 
thanks cnr.
my company has less than 100 employees. and my accountant is not very co-operative.
I am hoping I dont get a "ability to pay" rfe during my I-485 stage.

thanks
 
You must log in or register to reply here.
Top