REF: Need urgent help on a ref

N

naalapar

Registered Users (C)
Hello Dear Members,

I need help on my REF.
RD: Nov 29, 2001
Ref: March 18, 2003
Emp letter, 3 pay stuffs and W2 forms.

1. I applied my 485 Nov 29, 2001.
2. Was layed-off in Jan 2002.
3. Found a job in similar fields in Feb 2002.

What should i do now?

Can I use AC21?,
I did not stay with company who fields my 485 for 180 days?

Any body with the same experience please post your comments.

Thanks.
 
Hi Naalapar,
AC21 law only applies for 180 days, in this case 180 days were not completed so I think you cannot use AC21 clause, but there might be a way to handle this situation. Lawyer would be the best person to contact, contact Ron Gotcher of www.imminfo.com to get a free advice.
 
Originally posted by guptatushar
Hi Naalapar,
AC21 law only applies for 180 days, in this case 180 days were not completed so I think you cannot use AC21 clause, but there might be a way to handle this situation. Lawyer would be the best person to contact, contact Ron Gotcher of www.imminfo.com to get a free advice.
Click to expand...

Incorrect information guptatushar. naalapar, since you applied for your 485 on Nov 29, 2001, you have completed more than 180 days since you filed the 485. Yes, you can take advantage of AC21 since AC21 says that if your 485 case has been unadjudicated for more than 180 days you can switch employers as long as the new job is in the same or similar category.
 
AC21

AFAIK, you should be ok. AC21 just says that you can change jobs if the case has not been adjudicated for 180days. I do not think it matters if the job change happened before 180 days or after. As long as the case did not get adjudicated for 180 days after filing for AOS you are good.

Go to www.murthy.com and browse the chat transcripts. There is a ton of info on AC21 there.

Disclaimer: Personal non-legal opinion. Use at own risk.
 
Hi,
First of all 180 days for naalapar has not been completed Mavishka, he applied on 29th Nov 2001 and no math says that
in January 2002 180 days completes, and as far as I know AC21 clause is only valid after 180 days have been passed of RD, my advice is to find a good lawyer and then pursue the case
 
Originally posted by guptatushar
Hi,
First of all 180 days for naalapar has not been completed Mavishka, he applied on 29th Nov 2001 and no math says that
in January 2002 180 days completes, and as far as I know AC21 clause is only valid after 180 days have been passed of RD, my advice is to find a good lawyer and then pursue the case
Click to expand...
Wrong again !! Read the replies of others carefully. If the case is not adjuncated within 180 days of filing, u r free to avail AC21. Since his case has crossed 180 days now, and yet not approved, he is safe having used AC21. Hope this is clear.
naalapar:
Don't worry. Just send the papers INS has asked for, along with a cover letter from your lawyer stating that u used AC21 to switch jobs.
Also, in ur employment letter, state the job description(close to the description in ur labor approval) and you should be good to go. I changed jobs using AC21 and got approved couple of weeks ago. Hope this helps.
 
Thanks you for your comments.

yes i submitted all the 3 with my original application.
I am going to meet my lawyer this week to find out more. I will post what my lawyer says.

Thanks.
 
Originally posted by naalapar
Thanks you for your comments.

yes i submitted all the 3 with my original application.
I am going to meet my lawyer this week to find out more. I will post what my lawyer says.

Thanks.
Click to expand...

naalapar:

If it's not too much trouble, could you kindly post the exact text of the RFE? I'm curious to find out whether one can work on a 1099 instead of W-2 while on EAD. Really appreciate that. Thanks.
 
Hi, Here is what INS asked for.

"Submit an original letter on company letterhead from your current employer stating your date of hire, duties, renumeration and prospet for continued employment."

"Submit your earnings statements for the last 3 months"

"Plese submit your Federal Income Tax returns, including all schedules and Forms W-2 and/or Forms 1099, for the last 2 years"


My laywer's office asked me to provide the 3 documnets INS asked for. They said they are going to send just what INS asked for.

Thanks.
 
Tax return

In regard to the request for income tax return, what is the difference between a tax transcript and all the schedules? Can we just submit the tax transcript?
 
Re: Tax return

Originally posted by RD1001
In regard to the request for income tax return, what is the difference between a tax transcript and all the schedules? Can we just submit the tax transcript?
Click to expand...

naalapar:
Thanks for posting the text of the RFE.
"Please submit your Federal Income Tax returns, including all schedules and Forms W-2 and/or Forms 1099, for the last 2 years"

Looking at the above statement makes me strongly believe that you (primary applicant) can work on a 1099 while on an EAD. I say this because of the "and/or" in the statement.

RD1001:
Tax transcripts are issued by the IRS based on your request. I guess what the BCIS wants is copies of the actual return that you filed with the IRS along with any schedules, and the W2 and/or 1099.
 
Hi Can some one tell me if you has to put the same position name or can you change it.

When i filed my 485, my Position was "Sr. Applications Engineer",
My current job title is "Senior Technical Consultant"

Does it matter if i use my current Job Title for a employment REF.


Thanks.
 
My advise

My two cents on your problem:

you are in a serious problem ad make sure that you understand that. You can change job only 180 days after the I-485 Notice date. If you are laid off or if you change job within 180 days of Notice date, then your case will be rejected. I am writing all this because you have to understand the actual situation and make correct steps. here are the steps I suggest :
Tell your lawyer about the problem and he will advise you what to do. Most likely he will ask you to do the following.
1) Talk to your previous employer and request them to correct their records(or atleast inform INS when the enquiry comes) to show that you worked with them till May'02.
This is very difficult if you worked for a big company. If it is a small consulting company they might be sympathetic to you. Ask them if they can give you a relieving letter showing that you are relieved in May'02. If they don't agree for this, then simply pray God that
INS will not contact them. Talk to your lawer about the options.
2) Request your current Employer to change the records to make your joining date as May'02 (Notice date + 6 months).
3) Don't worry about your present job title. Ask your Employer to Enclose a letter saying that you are hired based on AC21 Act and
let them write job description on the Offer letter. Supply them with the job description on your LC and make sure that both the descriptions are similar. (Ask your previous your lawyer for a copy of LC). Your lawyer will take care of this.
4) Submit all the other paper work.

Wish you good luck.
 
dsatish:

Please refrain from posting such wrong information and scaring others. This is a public forum and everyone reads it.
 
http://www.irs.gov/faqs/page/0,,id=15647,00.html


A "Tax Return Transcript" is available only for returns in the 1040 series (1040, 1040A, 1040EZ, etc.). It shows line item entries from the original return that you filed. In most cases, a transcript will meet the requirements for lending institutions for mortgage verification purposes. These transcripts are also widely accepted for financial aid and student loan purposes. The transcripts can be ordered on a Form 4506. There is no charge for the transcripts and you should receive them within about 10 business days from the time that we receive your request. If you need the information sooner, the tax return transcript and certain W-2 information can be received by visiting an IRS office (with proper ID) or by calling the IRS at 1-800-829-1040.

If you need a "statement" of your tax account which shows changes that you or the IRS made to the original return filed, you must request "Tax Account Information" which shows payments and tax adjustments on your account. You can request the "Tax Account Information" by writing to, or visiting an IRS office or by calling the IRS at 1-800-829-1040. You cannot use Form 4506 to request "Tax Account Information".

Form 4506 or a "Tax Return Transcript" can also be used to get proof from the IRS that you did not file a tax return for a particular tax year. Forms can be downloaded at Forms & Pubs or ordered by calling 1-800-829-1040.
 
naalapar:

My 2 cents.

GC is only for future employment. It should not matter that you were laid off since you hold a similar job now. You should be able to invoke AC21. Do not worry about negative replies and consult a good lawyer.

Keep up the hope. :) :)



Originally posted by naalapar
Hello Dear Members,

I need help on my REF.
RD: Nov 29, 2001
Ref: March 18, 2003
Emp letter, 3 pay stuffs and W2 forms.

1. I applied my 485 Nov 29, 2001.
2. Was layed-off in Jan 2002.
3. Found a job in similar fields in Feb 2002.

What should i do now?

Can I use AC21?,
I did not stay with company who fields my 485 for 180 days?

Any body with the same experience please post your comments.

Thanks.
Click to expand...
 
Re: dsatish:

Originally posted by roran
Please refrain from posting such wrong information and scaring others. This is a public forum and everyone reads it.
Click to expand...

roran is right. dsatish is trying to scare people.
 
I am not scaring any one. This is not a common case(getting fred within 6 months of filing I485) and every one dreads about this scenario. I haven't written anything that nobody knows.
I felt bad when people are giving wrong suggestions by treating this as a non-serious issue. My intent is clearly to tell him to take this matter very seriously.
Some of the folks here calling me wrong without a point by point analysis. I agree that GC is for future employment. But you can apply this logic if you are not yet working for the company that is sponsoring your GC. But if your GC sponsor itself fires you, then they can't say that they will still support your GC application because they want to hire you back in future. I don't think any one, let alone BCIS, will take such a logic.
AC21 came into picture to liberate applicants from the bondage of
sticking to the sponsor company for too long because of the delays in I485 processing. This definitely means that you are not eligible for this freedom before the 180 day period. I have read a number of times about this in murthy.com newsletter.
On the final note, it might be possible that a lot of us are wrong.
No body knows more than a lawyer. I think he will guide you properly.
 
dsatish

if you don't know it's alright if you say something but don't be so sure about it.

Look, here's what Sheila Murthy thinks

Question 2 : I lost my job before the 180-day period. Can I still use portability?

Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
 
You must log in or register to reply here.
Top