RD 15Jan2002, AC21, After RFE approved on 14Oct 2003

G

GCRD011502

Registered Users (C)
Dear Friends,
I am happy to say that my case has been approved on 14th Oct 2003.
Mine is AC21 case swithed employer after a year from my I-485 RD.
Got RFE for Employment letter, 2 years of tax returns and W-2s.
BCIS didn't ask for the pay-stubs.

I am getting the same salary as mentioned in the labor but 10% of my salary is paid quarterly so my regular pay stubs show 10% salary less compared with labor.

My lawyer was particular about the salary reflected on the regular pay stubs and didn't include the paystubs while replying to the RFE (BCIS didn't ask for pay stubs in the first place). But my employment letter shows the remuneration exactly what I have in the labor.
In addition to what we asked for, We also added company annual report along with the response to RFE to substatiate a claim that company is capable of paying the salary.

Best of luck guys.
I am glad to answer if you have any questions.
 
GCRD011502

Usage of AC21:

I am not sure what the salary is in the LC. Is there a way to find without the employer knowing.

If I want to use AC21, what exact information I need from my previous employers petitions (including LC, I140 etc) ?

Going by the current trend I feel AC21 usage will be more prevalent.

Please provide specific information.

Thanks for any information provided.
 
Congrats !

Did you include just 2 years W-2s or/and copies of the tax forms e.g.. 1040

Why did you include company annual report, is your company is a small company ?

I got similar RFE, I used AC21, my present company is a small company. Does it matter ?
 
Thanks for your wishes.

gc_majburi

>>I am not sure what the salary is in the LC. Is there a way to >>find without the employer knowing.
There may be many ways to know the salary in the LC.
1. If your labor is applied between 10/01/1996 and 9/30/2001, you can check online from
http://www.flcdatacenter.com/casesearchperm.asp
2. Ask you lawyer without mentioning about AC21.

>>If I want to use AC21, what exact information I need from my >>previous employers petitions (including LC, I140 etc) ?

I understood from your message that you haven’t changed employer yet. If you are planning to use the same attorney in post AC21 scenario, your attorney must be having everything you need.
If you want to choose someone else then your new attorney has to request your case details from your current attorney.
Whatever may be the case why don’t you ask your lawyer to send you the copies of all documents I-140 approval, Labor approval etc?

>>Going by the current trend I feel AC21 usage will be more >>prevalent.
If you are forced to change job or you get a better opportunity you can always utilize AC21 without hesitation as long as your new job is similar to the old one.

>>Please provide specific information.
Let me know if you have more questions.


ar888
>>Did you inform about AC21 usage to BCIS?
No I didn’t.
Actually couple of months before switching to new job I asked my lawyer about informing BCIS about the job change. He replied that once I joined the new employer we would inform BCIS.
Couple of months after I switched to new job i.e April 2003, I spoke with my lawyer about informing BCIS. This time he reply was as I may get my case approved any time soon even if we inform BCIS they may not update my file in time.

BCIS came to know about my job change once I replied to RFE.

prasa

>>Did you include just 2 years W-2s or/and copies of the tax >>forms e.g.. 1040
I think this is important question. Let me clarify on this.
Actual RFE message is as below
“Please submit your Federal Tax returns, including all schedules and Form W-2 and/or 1099, for the last two years”.
I have been filing taxes electronically for the past three years. I have copies of the tax returns (Not certified but mere printouts from the tax software).
My lawyer told me they are not enough and asked me to get the transcripts from IRS.
I called IRS help line (I am really pleased with their service) and asked the lady I need transcripts for last two years of my tax returns. She faxed me the transcripts in two hours.

I replied to RFE with the transcripts as well as copies of the tax returns.

I strongly advice people be little proactive and order transcripts of your returns from IRS. Just in case of RFE they will be handy and IRS doesn’t charge for this service.

>>Why did you include company annual report, is your company is >>a small company ?
I don’t know why my lawyer decided to send the annual report.
I remember like, she was telling me, we need to prove that your present company is capable of paying the salary, whatever mentioned in the labor, after GC approval.
She could have thought that my salary, close to six figures, is big enough to prove such a point.

>>I got similar RFE, I used AC21, my present company is a small >>company. Does it matter?
I don’t think so.
 
GCRD011502
Congratulations!!!
My case is similar to you and I got RFE on 28th September. I am yet to reply to that RFE.

One more thing, I want to ask. How big is your new company. How many employees it might have and what is the turnover of the company? If you don't have any problems and if you know the details, I appreciate if you answer to this question.


-rajum
 
Originally posted by rajum
GCRD011502
Congratulations!!!
My case is similar to you and I got RFE on 28th September. I am yet to reply to that RFE.

One more thing, I want to ask. How big is your new company. How many employees it might have and what is the turnover of the company? If you don't have any problems and if you know the details, I appreciate if you answer to this question.


-rajum
Click to expand...

Thanks.
The division of the company, I am working, is having > 300 employees world wide. Annual turnover is 50 millon USD.
The parent company is much more bigger. I don't know the figures.
 
early 2nd FP?

DId you do a early 2nd FP??

If so, what is your scheduled 2nd FP date.

If you provide this info, I would truly appreciate it.
 
Re: early 2nd FP?

Originally posted by gc_lotto
DId you do a early 2nd FP??

If so, what is your scheduled 2nd FP date.

If you provide this info, I would truly appreciate it.
Click to expand...

Yes, I gave early FP. Scheduled date was 24th July 03 and I gave on 2nd July.
I don't know whether early FP helped me at all but nothing wrong in giving before scheduled date. Better to know whether the service center entertains such a thing otherwise your trip will be wasted.
In my case Philadelphia local INS didn't bother at all about the actual FP date.
 
GCRD011502,

Congrats on your approval. Have your used Advance Parole to reneter US after invoking AC21? If so, can you please share your experience at Port of entry.
 
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