RFE and interview questions
- Thread starter weiqunl
- Start date
In fact there are many cases which get approved without RFE. RFE is generated only if there is definite info that applicant is no longer working for sponsoring employer, suspect/incomplete documents (Birth cert, 140 approval, employment offer letter, medical etc.)
5% of the cases get transferred to local INS office irrespective of potential for RFE or not.
5% of the cases get transferred to local INS office irrespective of potential for RFE or not.
weiqunl ,
I changed my job 7 months after filing I-485 using AC-21. The legal department of my old employer(they are not lawyers,folks experienced in immigration matters) told me I do not have to inform INS unless they asked. This was based on the wording of the AC-21 rule, which could be interpreted to say informing INS is optional. Also there is no standard paperwork that needs to be filled for AC21.
However, being a person who worries a little too much, I contacted the legal dept. for my new employer. She said they have to inform INS. She made me get copies of the required documents(approved Labor petition.approval notice for I-140, I-485 receipt notice). Also she wanted an employment letter detailing my work and salary. I created one based on the labor petition(I repeated it almost word for word,even used the same title though the actual title with the new employer was different). She also got me to sign some more letters for INS and send it to her.
All these paperwork with my new employer was very slow.
I got my GC approved without any RFE though. I am not sure if these documents helped, but even if it was send(which also I suspect now,I am not planning on aksing them that) I think it reached INS around the time they approved my GC or after that.
It took the new employer nearly 6 months to get all the paperwork ready.
Hope this helps.
One of the questions I asked my legal department was that we seemed to be doing all these AC-21 stuff months after me joining them and wondered if the INS will not get suspicious. They said it does not matter.
I also used my EAD(completed I-9) and renewed it in between.
I worried a lot the whole time and even tried to hire a lawyer (who told me that they will be too expensive for me!).
I changed my job 7 months after filing I-485 using AC-21. The legal department of my old employer(they are not lawyers,folks experienced in immigration matters) told me I do not have to inform INS unless they asked. This was based on the wording of the AC-21 rule, which could be interpreted to say informing INS is optional. Also there is no standard paperwork that needs to be filled for AC21.
However, being a person who worries a little too much, I contacted the legal dept. for my new employer. She said they have to inform INS. She made me get copies of the required documents(approved Labor petition.approval notice for I-140, I-485 receipt notice). Also she wanted an employment letter detailing my work and salary. I created one based on the labor petition(I repeated it almost word for word,even used the same title though the actual title with the new employer was different). She also got me to sign some more letters for INS and send it to her.
All these paperwork with my new employer was very slow.
I got my GC approved without any RFE though. I am not sure if these documents helped, but even if it was send(which also I suspect now,I am not planning on aksing them that) I think it reached INS around the time they approved my GC or after that.
It took the new employer nearly 6 months to get all the paperwork ready.
Hope this helps.
One of the questions I asked my legal department was that we seemed to be doing all these AC-21 stuff months after me joining them and wondered if the INS will not get suspicious. They said it does not matter.
I also used my EAD(completed I-9) and renewed it in between.
I worried a lot the whole time and even tried to hire a lawyer (who told me that they will be too expensive for me!).
Thanks sankarnp! That really helps.
So seems like your new company informed INS with those paperwork they prepared for you 13 months after you filed I485, right? Then I'd guess by that time, your GC was most likely approved already before INS got the notice from your company.
If this works, I might just relax and don't worry too much. Maybe after I get a new job, I just don't tell INS and hope I can get GC approved too. Wish me luck.
One more question though - RFE is different from final interview, right? And you didn't get any of those? What's your magic?
Thanks!
So seems like your new company informed INS with those paperwork they prepared for you 13 months after you filed I485, right? Then I'd guess by that time, your GC was most likely approved already before INS got the notice from your company.
If this works, I might just relax and don't worry too much. Maybe after I get a new job, I just don't tell INS and hope I can get GC approved too. Wish me luck.
One more question though - RFE is different from final interview, right? And you didn't get any of those? What's your magic?
Thanks!
No magic weiqunl, though there is lots of magic in this world!.
I once read somebody's comment that 20% applicants get RFE and maybe 5% get an interview. So the rest 75% could go thru with no issues!.
To be honest I was expecting RFEs and interviews and a wait period of couple of years.
I once read somebody's comment that 20% applicants get RFE and maybe 5% get an interview. So the rest 75% could go thru with no issues!.
To be honest I was expecting RFEs and interviews and a wait period of couple of years.
I read some threads on other forums regarding the length of time that you must work for the same company AFTER you get the GC. They say as a rule of thumb, it's six months.
The question is after I485 is approved and you get the GC, what documents/proof do you have to submit to INS to prove that you are still working for the sponsoring company that filed I140 for you OR another company that you switched to using AC21?
Just curious - doesn't GC stand for permanent residency? Why can't you change jobs at will as a permanent resident??
The question is after I485 is approved and you get the GC, what documents/proof do you have to submit to INS to prove that you are still working for the sponsoring company that filed I140 for you OR another company that you switched to using AC21?
Just curious - doesn't GC stand for permanent residency? Why can't you change jobs at will as a permanent resident??
Employment Letter (AC 21) - RFE
Hi,
Is there anyway you can mail me or post the Employment letter you had mailed out to INS in response to the RFE you received after you changed the company after 180days of 485 (AC 21). please send it to graopv@yahoo.com
I have also received an RFE after I changed company after 180 days of applying 485 and I did not inform INS earlier.
Would very sincerely appreciate your help
Thanks a lot
GPV
Hi,
Is there anyway you can mail me or post the Employment letter you had mailed out to INS in response to the RFE you received after you changed the company after 180days of 485 (AC 21). please send it to graopv@yahoo.com
I have also received an RFE after I changed company after 180 days of applying 485 and I did not inform INS earlier.
Would very sincerely appreciate your help
Thanks a lot
GPV
raj70vijay
Registered Users (C)
Sample employment letter thread. FYI only.
http://boards.immigration.com/showthread.php?s=&threadid=80577
http://boards.immigration.com/showthread.php?s=&threadid=80577
sankarnp
I also used my EAD(completed I-9) and renewed it in between.
I worried a lot the whole time and even tried to hire a lawyer (who told me that they will be too expensive for me!). [/B][/QUOTE]
Did you say that you used Employer A's EAD to get your EAD renewed after you started working for Employer B. Please clarify. Many thanks. Did your Emplpyer B need to sponsor the EAD renewal?
dhw111
I also used my EAD(completed I-9) and renewed it in between.
I worried a lot the whole time and even tried to hire a lawyer (who told me that they will be too expensive for me!). [/B][/QUOTE]
Did you say that you used Employer A's EAD to get your EAD renewed after you started working for Employer B. Please clarify. Many thanks. Did your Emplpyer B need to sponsor the EAD renewal?
dhw111
Dhw,
The EAD is issued to you and not to the employer. When you renew the EAD, you do not need any supporting documents from your employer. Fill up the paperwork and mail it with required fees and photos and you will get it without any issues. That is what happens in almost all the cases.
As far as I know having or using EAD does not affect your I-485 application. Maybe INS might question(thru RFEs or interviews) to ensure that you are employed in accordance with the labor petition. If you are following the rules, and changing employers is legal, then everything will be just great.
Peace
Sankar
The EAD is issued to you and not to the employer. When you renew the EAD, you do not need any supporting documents from your employer. Fill up the paperwork and mail it with required fees and photos and you will get it without any issues. That is what happens in almost all the cases.
As far as I know having or using EAD does not affect your I-485 application. Maybe INS might question(thru RFEs or interviews) to ensure that you are employed in accordance with the labor petition. If you are following the rules, and changing employers is legal, then everything will be just great.
Peace
Sankar
One can apply for EAD/AP on their own. Ensure the photos are proper(which seems to generate RFES mainly for EAD) and you enclose the sheet you got with your old EAD and you will be just fine.
I did not re-apply for my AP though. I was getting ready to do it, preparing the paperwork, when the I-485 was approved. It was shocking.
Yup, we all will become immigration experts by the end of it. Till then, hope the Gods at BCIS will bless us.
Another prayer is to make the Gods inform the rulers that a strong economy makes people happy and making people happy is gooooood.
I did not re-apply for my AP though. I was getting ready to do it, preparing the paperwork, when the I-485 was approved. It was shocking.
Yup, we all will become immigration experts by the end of it. Till then, hope the Gods at BCIS will bless us.
Another prayer is to make the Gods inform the rulers that a strong economy makes people happy and making people happy is gooooood.