Please help -- suggestions for RFE reply

[srini123]

Hi All,

A good friend of mine is in the following predicament:

He applied for both I-140 and I-485 in April 2003...and got his
I-140 approval in May 2003...but, was forced to change jobs
(same job...had to become an employee instead of continuing
as a consultant) 5 Months after applying for I-140 and I-485.
In otherwords, a month short of the 180 days...

Now, CIS has sent an RFE asking for a letter from employer...
his previous employer (the consulting firm) may not give a letter...
but, the current employer certainly will give a letter stating his
duties (no change from what was there in LC) and responsibilities...

But, since he changed his employer 5 months after applying for
I-485, will he be able to use AC-21? any ideas??

Please help!!
Srini

 

[ginnu]

Hi All,

A good friend of mine is in the following predicament:

He applied for both I-140 and I-485 in April 2003...and got his
I-140 approval in May 2003...but, was forced to change jobs
(same job...had to become an employee instead of continuing
as a consultant) 5 Months after applying for I-140 and I-485.
In otherwords, a month short of the 180 days...

Now, CIS has sent an RFE asking for a letter from employer...
his previous employer (the consulting firm) may not give a letter...
but, the current employer certainly will give a letter stating his
duties (no change from what was there in LC) and responsibilities...
------ send the letter from current employer
But, since he changed his employer 5 months after applying for
I-485, will he be able to use AC-21?

--- yes, ifI-140 was not revoked before the I-485 was pending more than 180 days
any ideas??

Please help!!
Srini

 

[srini123]

Hi ginnu,

Thanks so much for your reply...yes, the I-140 is NOT revoked...it
is still valid...so, as long as the I-140 is not revoked AND even if
he changed jobs BEFORE 180 days, he can use AC-21? sorry for
asking this again...but, just wanted to confirm...

Should he write a cover-letter with all the dates (dates he changed
the employer) and say that he wants to use AC-21?

Or should he just send in the employment letter from his CURRENT employer (with the start date/job responsibilites) and not worry about the cover letter?

His lawyer is not helpful in this...in fact, he (the lawyer) is talking in a very discouraging manner...so, my friend has to do everything...

Thanks much for your help!
Srini

 

[adyav]

Here is what you need to do:

Send a letter from current employer stating that he is currenty employed and escribing his job duties etc. (Check the templates posted by "HMD" in the AC21 forum)
Be smart as to not to mention the exact date of joining the "new" company.

Attach copy of at least 2 recent paystubs.

and your fried should be fine. Furter details should be available in the AC21 Forum.

 

[ginnu]

Hi ginnu,

Thanks so much for your reply...yes, the I-140 is NOT revoked...it
is still valid...so, as long as the I-140 is not revoked AND even if
he changed jobs BEFORE 180 days, he can use AC-21?
---YES
sorry for
asking this again...but, just wanted to confirm...

Should he write a cover-letter with all the dates (dates he changed
the employer) and say that he wants to use AC-21?
----- on employer letter is should be written that XYX joined company ABC and he is full time employee, his job duties are........ and comany ABC intend to Employe XYZ on permanent full time basis with after I-485 is approved + YOU should write a letter that your intent has changed and you would like to work permanently with ABC+ copy of your I-485 filing reciept ( it is also better to attach 2-3 recent pay stub copy from ABC company)
Or should he just send in the employment letter from his CURRENT employer (with the start date/job responsibilites) and not worry about the cover letter?
---if RFE and asked only employer letter then send CURRENT employer letter with joining date/job duties
His lawyer is not helpful in this...in fact, he (the lawyer) is talking in a very discouraging manner...so, my friend has to do everything...
---Why the "friend" cant post?
Thanks much for your help!
Srini