Received RFE on employment please help!!

B

bal2002

Registered Users (C)
HI

I have received rfe on employement and birth cirtificate.
My birth cirtificate was issued recently so they need affidavits from my relatives/parents which i am working on.

The question i have is on employment.
The Notice says
"Submit a currently issued letter or other evidence from the prospective permanent employer that indicates your current position, if any, your proffered position, and proffered wage and indicating that the terms and conditions of the employment petition continue to exist."

MY RD is 09/2002. And i changed my job around 09/2003.
I haven't submitted AC21 letter to USCIS.

Now what do i need, just a EVL, (suggestions for format please) or EVL with a covering letter to indicate i have used AC21.
And also the notice says "indicating that the terms and conditions of the employment petition continue to exist"

Since my new employer didn't apply for my Greend card, how can they indicate that?

Thanks
Bal2002
 
Sample letter posted by someone on this forum who invoked AC-21. You can tailor it for your situation and check with your lawyer. Employment based RFEs with wording you wrote are common (had one myself), but you need to specifically invoke AC-21 and demonstrate how it's relevant in your case.

rgds,
sadiq


----------------------Letter Format------------------------------
Department of Homeland Security
BCIS
Nebraska Service Center

RE: Employment to Mr. (your name)
A# / LIN-01-270-xxxx (I-485)
I-140 case #: LIN-00-235-xxxxx
Change of job under AC 21

Dear Sir/Madam:

This is to confirm that (current company name) has offered an employment on a full time and regular basis to Mr. (your name) to work as an Analyst at an annual salary of $xx,000.00 per year. The terms and conditions of his employment petition filed by his previous company, (previous company name), shall continue to exist. Currently, (current company name) employs approximately __________ employees with gross revenue exceeding $____________. Clearly, we are able to hire a professional such as (your name).

Please note that the job we offered is in fact identical since Mr. (your name) has been working for us for several years as a contract employee through his current company, (old company). Because of his excellent performance, we decided to convert him as our direct employee. But he will work for the same position at same location.

We believe that Mr. (your name) can maintain his Green Card according to the new law, AC 21 since he filed his I-485 on (your receipt notice date) as shown by the attached I-485 receipt notice. Moreover, the job function is essentially identical. Therefore, we respectfully request that you continue processing his case and grant his green card application as soon as possible.

Please note that while this offer is permanent in nature, it is subject to the normal terms of employment including satisfactory performance, compliance with our company’s regulations, policies and procedures and subject to conditions in the marketplace, which would yield a continued volume requiring the special services of the beneficiary.

Very truly yours,


xxxxxxxx
 
Hi Sadiq

I have a question

Now that i am thinking about the sample letter you have posted, this type of letter you would submit immediately after changing jobs.

But my situation is that i have changed the job a year back, do you think i still have to submit this type of letter.
Or i was thinking that i will get a EVL letter from my employer with title, description, salary, start date etc. and i will my self prepare a AC21 letter to inform USCIS that i have invoked the AC21 ...on so and so date etc.

What do you think?

Thanks for your help
Appreciated
 
Did you receive RFE or your attorney? And how many days it took you to receive RFE/letter since USCIS issued it? Thanks in advance.
 
I received it. I think i didn't submit the g28 form or something to make my lawyer as my representative... thats why it didn't go to my lawyer.

They posted it on may 18th, but the notice went to my old address, called them did the address change one more time, finally they resend it to my new address, i got it on june 8th.

----------------------------------------------------------------------

Gurus!! please help me with the rfe response. I changed the job one year back, and i didn't inform uscis about the AC21..

Now got a rfe on employment, do i need to submit a AC21 letter from my employer similar to the one sadiq posted in this thread, or just an employment verification letter with title, start date, description, salary and a few setences to say that my employer support my green card application....
with a covering letter from me saying that i have invoked the AC21...

My RD 09/2002
 
Last edited by a moderator:
I got the same type Employment RFE like you. My lawyer told me to get a letter from my employer showing my title and salary and the position is full time.

I too changed the job after 8 months of my Notice Date. I didn't inform the INS about it.

My lawyer mailed it this Tuesday. Except the letter from the Employer they didn't mail anything.
 
This letter should work in your case ...

bal2002,

The letter which "sadiq" has posted should work in your case also.... I was in similar boat ... I changed employment after 8 months... and did not do AC21... I got EVL rfe in april... sent the similar letter (letter specifically says AC21-job change letter..... with the statement that I am currently working with them... sent back the letter on 5/20... message changed on 5/28... and changed to APPROVED on 6/8 .....

so I would say do not worry much about this... respond to RFE ASAP....


If you need I can send you my format as well ( format which my atorney has asked me to get from my company) ...
 
Format of employment letter for AC-21 in I-485

M S-IL or others,

I changed my job 14 months after applying for I-485. I didn't inform USCIS about my job changes. If someone was in similar situation and lawyer drafted the letter which resulted in approval, could you please share the format here?

Thanks,

M S-IL said:
bal2002,

The letter which "sadiq" has posted should work in your case also.... I was in similar boat ... I changed employment after 8 months... and did not do AC21... I got EVL rfe in april... sent the similar letter (letter specifically says AC21-job change letter..... with the statement that I am currently working with them... sent back the letter on 5/20... message changed on 5/28... and changed to APPROVED on 6/8 .....

so I would say do not worry much about this... respond to RFE ASAP....


If you need I can send you my format as well ( format which my atorney has asked me to get from my company) ...
Click to expand...
 
You must log in or register to reply here.
Top