RFE : AC21 : Gurus/Ginnu Please Help

[misstryguy]

Gurus/Ginnu,
Please give some advice/info on my case.

Left GC sponsoring company (Company A) May 2001 and joined Client (Company B).

Got my I140 approved on June 2001.

Company A agreed to apply for I485 and applied on Mar 2002.

Got RFE on Jul ‘04 for

1. Provide evidence of the petitoner's ability to pay the beneficiary's wage : The petitioner must demostrate this ability at the time the prioirty date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of copies of annual reports,federal tax returns, or audited financial statements. (For past 3 years)

2. Prospective Employment Letter: Submit a current letter form the prospective employer who filed the I-140 on your behalf to verify that theya re still offering you a position. the letter on file is not current.

3. AC21: If your current employer is different from the orginal I-140 petitioner, please provide an employment letter from the new employer to include the new job title, a detialed job description, dates of employment, and salary

4. Employment Verfication: Submit a letter on your employer’s original letterhead (not a photocopy) showing you are employed full-time (40 hours per week) in permanent job. Also submit your Income tax forms and W2's from the I-485 applicant. : Please provide copies of your personal income tax forms, including W-2's for the three most recent tax years.


I have all docs except that I won’t be able to get future offer letter from Company A and also not the Annual reports from them since they are private company.

But I got EVL and annual reports(for past 3 years) from current employer.

My question is Am I eligible for AC21?
Will it be Ok to submit just current employers EVL and annual reports I have?
Do I need to mention anything in the cover letter (about why not submitting company A statements) and why I am using AC21.

I appreciate your help.

 

[ginnu]

Gurus/Ginnu,
Please give some advice/info on my case.

Left GC sponsoring company (Company A) May 2001 and joined Client (Company B).

Got my I140 approved on June 2001.

Company A agreed to apply for I485 and applied on Mar 2002.
----- I-485 belongs to YOU campany does not file I-485 it isd you who file I-485
Got RFE on Jul ‘04 for

1. Provide evidence of the petitoner's ability to pay the beneficiary's wage : The petitioner must demostrate this ability at the time the prioirty date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of copies of annual reports,federal tax returns, or audited financial statements. (For past 3 years)
------ write to them that you have changed your Intent and woild like to use AC21 and attach new employer ability to pay documents(if you want to join new employer after GC)
2. Prospective Employment Letter: Submit a current letter form the prospective employer who filed the I-140 on your behalf to verify that theya re still offering you a position. the letter on file is not current.
------ send new employer future permanent job offer letter and Evidence of ability to pay from new employer3. AC21: If your current employer is different from the orginal I-140 petitioner, please provide an employment letter from the new employer to include the new job title, a detialed job description, dates of employment, and salary

4. Employment Verfication: Submit a letter on your employer’s original letterhead (not a photocopy) showing you are employed full-time (40 hours per week) in permanent job. Also submit your Income tax forms and W2's from the I-485 applicant. : Please provide copies of your personal income tax forms, including W-2's for the three most recent tax years.
---submit

I have all docs except that I won’t be able to get future offer letter from Company A and also not the Annual reports from them since they are private company.
--- send the new company letter and use AC21
But I got EVL and annual reports(for past 3 years) from current employer.
----- send them
My question is Am I eligible for AC21?
---yes, as your I-140 is approved and I-485 is pending more than 180 days

Will it be Ok to submit just current employers EVL and annual reports I have?
--yes
Do I need to mention anything in the cover letter (about why not submitting company A statements) and why I am using AC21.
--no need, just list what you are submitting and clearly mention that you would like to use AC21
*** make sure new employer job offer letter should have same job title or skills/job duties as on your past approved LC

** This is the reason I always say that update USCIS that you are using AC21, becase you can avoid long list in RFE
I appreciate your help.