Please help us on this RFE.

C

chairyuan

Registered Users (C)
My case is in TSC, but I realy need help on this RFE. Thanks.

Got the RFE copy by lawyer. For me and my wife.
1. legal status from entry to I485-- no problem
2. work authorization for any periods of employment -- has question

Lawyer ask me to give him timeline for all periods of employment. He is very negative to my case.

The problem is I was laid off <180 days (2 month after filing I485), and find similar job in one month, then laid off again (>180 days), find another similar job in one month. Keep that job with 3rd EAD now.

Never send AC21 letter to USCIS.

Is copy of H1 and EAD enough to show the work authorization? (no gap) Do I need show them the timeline of every employment? How about AC21, EVL, W2? They didn't ask for those. Please share your idea.

TSC
ND 4/16/02
FP 4/5/03
RFE 6/1/04
???
 
I think your lawyer is correct. You need to provide your copies of H1, EAD, H1 approval (notice of action). I guess your lawyer did not ask for it from you because he/she already has these documents. In addition he/she need the timeline - basically your employment history and the mode of employments (H1 or EAD).

No need to provide W2, EVL etc.
 
I had a similar RFE. I didn't have any gap in employment but I didn't provide any proof of previous jobs. Just the current paystub and EVL of current job. Just write a cover letter giving your employment timeline along with copies of H1 and EAD. Since I came in on F1, I had to provide copies of I20, transcripts, degree certificate and copy of EAD for OPT.

If your H1s and EADs are overlapping you should be fine.
 
chairyuan said:
My case is in TSC, but I realy need help on this RFE. Thanks.

Got the RFE copy by lawyer. For me and my wife.
1. legal status from entry to I485-- no problem
2. work authorization for any periods of employment -- has question

Lawyer ask me to give him timeline for all periods of employment. He is very negative to my case.

The problem is I was laid off <180 days (2 month after filing I485), and find similar job in one month, then laid off again (>180 days), find another similar job in one month. Keep that job with 3rd EAD now.

Never send AC21 letter to USCIS.

Is copy of H1 and EAD enough to show the work authorization? (no gap) Do I need show them the timeline of every employment? How about AC21, EVL, W2? They didn't ask for those. Please share your idea.

TSC
ND 4/16/02
FP 4/5/03
RFE 6/1/04
???
Click to expand...
You are better off telling your lawyer the absolute facts of your case.

If he wants an employment timeline, he probably means exact dates of employment.
I don't think you should "fill-in" the gaps - that might land you in trouble for mis-stating the facts.

If you are not comfortable with the present lawyer, you should probably get another lawyer that you feel comfortable working with - after all these attorneys are pretty important and you don't want them to make any mistakes.

Just my thoughts - good luck
 
Thank you for all reply.

Since this RFE is not a typical AC21 RFE(ask for EVL, W2), so I'd like to only send copy of H1 and EAD as work authorization. Since there is no gap between H1 and each EAD, that will be fine.

But my lawyer want to send timeline for all periods of employment. And that directly shows I was laid off < 180 days. He also suggests send current EVL and AC21 letter.

I don't know which is better, or safer.
 
Send what is required

I think you should simply send the copy of H1 and EADs. No need to mention when you were employed. Specially in your case where you had to change jobs before 180 days, avoid providing this data.

Mail only the information that is asked in the RFE. If they want more information they will issue another RFE.
 
Trust ur instincts

chairyuan said:
Thank you for all reply.

Since this RFE is not a typical AC21 RFE(ask for EVL, W2), so I'd like to only send copy of H1 and EAD as work authorization. Since there is no gap between H1 and each EAD, that will be fine.

But my lawyer want to send timeline for all periods of employment. And that directly shows I was laid off < 180 days. He also suggests send current EVL and AC21 letter.

I don't know which is better, or safer.
Click to expand...

If dont feel comfortable or u think ur lawyer is negative, I suggest u find another lawyer or talk to other lawyers. At the end of the day it is u not ur lawyer that has to face the consequences.
One thing I have learnt in this country:
DO NOT GIVE MORE INFORMATION THAN THEY HAVE ASKED FOR.

This just my thought. pls note I am not a lawyer or an expert
 
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