RFE - AC-21 Reply

[nsc121901]

I received my 2nd RFE on 10/13/2004 for EVL, Employmnet Statement since 485 filing, Pay Stubs, W-2s and Tax Returns. My case is now AC-21. RFE for EVL asks for job duties, job requirements, wage, title and the date I actually began employment. My attorney drafted a letter that includes job duties but not job requirements. The attorney says they are nothing but same. She is very lazy and does not answer my questions properly. Why does USCIS ask for a job requirements and job duties in the EVL if they are same ? Please comment so I can make sure everything is OK before I submit my RFE reply.

 

[GCLookup]

I received my 2nd RFE on 10/13/2004 for EVL, Employmnet Statement since 485 filing, Pay Stubs, W-2s and Tax Returns. My case is now AC-21. RFE for EVL asks for job duties, job requirements, wage, title and the date I actually began employment. My attorney drafted a letter that includes job duties but not job requirements. The attorney says they are nothing but same. She is very lazy and does not answer my questions properly. Why USCIS ask for a job requirements and job duties in the EVL if they are same ? Please comment so I can make sure everything is OK before I submit my RFE reply.

I had also similar RFE2 for my case in Apr-04. They asked same docs as you except w-2's and tax return.
My case was also AC-21, but I didn't filed AC-21 or informed INS about change of job as per suggestion by my attorney.In response to RFE2 ,my attorney drafted letter expalining my start dates and end dates since filing 485 with each employer. They asked job duties, job requirements, wage, title only for my current employer ...not for all employer since 485 filing. So I got employment letter from my current employer describing job duties, job requirements, wage, title. I also made sure that job duties, job requirements matches with my approved labor word to word with my current employment letter.
I received approval within 3/4 weeks from responding to RFE.

Hope it helps

GCLookup
ND 12/01
AD 06/04

 

[nsc121901]

Thanks for responding GCLookup. Can you please post the letter format you used ? Really appreciate your help.

 

[GCLookup]

Thanks for responding GCLookup. Can you please post the letter format you used ? Really appreciate your help.

If I find that letter , I will post it on this thread. OR ask your attorney to prepare it for you, thats the best way to go. For me too,this letter was created by my attorney, he asked me to give new job designation and my duties, which I picked up from approved labor. Then Attorney created letter which I got signed from HR VP on employers letter head.
It was simple employment letter., which states job designation, job duties, wages ,start date etc. Also it mentions that its a permenent position and continue to exist.

Hope it helps

GCLookup

 

[nsc121901]

GCLookup! My attorney provided the letter format without job requirements but I managed to get the job requirements from the Job posting notice advertisement soft copy.

I am currently working as Senior Systems Engineer whereas LC title is Programmer Analyst and gettting paid twice of my labor and hence my attorney advised me to put ATLEAST $xxxx (LC salary). Here is the format that I have currently. Please let me know if this is OK.

-------------------------------------------------------------------------
U.S. Department of Homeland Security
Citizenship and Immigration Services
Nebraska Service Center
850 “S” Street
Lincoln, NE 68508


Dear Sir or Madam:

This letter is to verify our offer to the above-named alien to work in the full-time, permanent position of a Senior Systems Engineer, the job duties of the position being similar to those of a Programmer Analyst. The proposed rate of pay is atleast $45,000/00 per year. The alien joined COMPANY on (HIRE DATE) as a Senior Systems Engineer, pursuant to a valid Employment Authorization Document.

The alien’s proposed job duties include Design, develop, test and document computer programs using any one (1) of the following: Oracle, Forms, Reports, INFORMIX, DB2, Lotus Notes and/or Visual basic. The requirements for this job are Bachelor's in Computer Science, Systems Analysis, Computer Information Systems, Computer Engineering, Computer Science Engineering, Electrical Engineering, Electronic Engineering or Mathematics or its foreign educational equivalent plus 1 year experience in the job offered or 1 year experience in a related occupation as a Programmer, Consultant, Programmer/Analyst, Application Programmer, Systems Analyst or Software Engineer.

The terms and conditions of the employment petition continue to exist. Additionally, the prospect for continued employment of the beneficiary is excellent.

We understand that the alien’s ability to work on a permanent basis in the job offered is contingent upon the alien becoming a lawful U.S. permanent resident.

The annual revenue of the company is more than xxx million dollars and currently employs more than xxx people.

If you have any questions, please do not hesitate to contact the undersigned.

 

[GCLookup]

Your letter looks very similar to mine. For my case, my attorney advised to put whatever my current salary, which was lot more than my approved labor. But attorney told me that as long as you make more , thats fine. Also job designation was slightly different but attorney told me that job description matters.

Also my attorney created another letter explaining all employemnt history since 485 filed. Also attorney did mention about my approved EAD's in this letter as a supporting statement.

GCLookup

 

[nsc121901]

thanks so much GCLookup for answering my questions so patiently. Its just that my wait has been too long and this time I want to make sure everything goes fine. Actually my case is a transfer case and was sent to a different local office after my 1st RFE reply based on my old address in Nov 2003. And after contacting Senators office it was sent back to Service center and they instead of transferring to local office (based on new address) decided to process there itself and hence issued 2nd RFE.

I just hope my GC nightmare will end soon now.

 

[GCLookup]

Yes it will. Just sit tight, your day will come. Best of Luck.
After attorney creates complete response, give a closer look , make sure everything mentioned in the RFE is satisfatorily responded with nessasary documents. I am sure your attorney will take care of it, but doesn't hurt to give a second look.

GCLookup