RFE and Future employment

[reso]

hi gurus,

i have got a rfe on my I-485. My current employer is not willing to provide the Company financials. As such it's start up company and they don't have 3 years Fin Statements. I have another offer from a big company who wants to support my RFE with all possible documentation like Financial Statements and AC21 employment letter etc. But, they want the offer to be for a future employment, which means my employment will start with them only after I get my Perm Residency.

i need suggestions if this can be a valid case and can I go ahead and reply to the RFE with the AC21 and Fin papers from this new company.

Will appreciate suggestions.

thanks

 

[BitterMan]

Technically, the described "future employment" should be doable.

However, application of AC21 for "future employment" is problematic. If the new company would offer you current employment (why don't they, anyway?), it would bring the case into more or less normal AC21 limits. Without current employment, you may find it difficult to prove that you actually have intent to be employed with the new company after you get the Green Card.

In any case, before replying to the RFE, I suggest to consult a reputable immigration attorney, who has dealt with AC21 cases before and already has some experience with its application.