RFE changed Job < 180 days, Any ideas?

[maald]

Received an RFE for Employment Letter(with hire date, job duities, prospect of employment), W-2 of last 2 years, last 6 Pay stubs.

- Any recent trend on AC21 interpretation on changing jobs less than 180 days?

- Do i have to provide financial details of the company to justify the prospect of continued employment? Or letter from employer to that effect will suffice?

Will have to respond to the query no matter what they decide as i have no other option now and keep fingers crossed.

Any ideas?
thanks
maald

 

[485atvermont]

My situation is almost similar:

My RFE is for:

(1). "Please Submit an update Original Letter on Company Letterhead from your current employer stating your date of Hire, Duties, Remuneration and Prospect for continued employment".

(2) Last 6 Pay stubs

(3) Birth Certificate

(4) All Data copies of Passport

My RFE Replies, which I'll be submitting next week:
(1). FYI: I've changed employer after 180+ days on I-485. But I'm not sure if I've to submit AC21. I don't have an Attorney so the query came to me only. So I've prepared a Letter describing all the points mentioned in RFE (1).

(2) I'm submitting only 3 paystubs from April-June as I was not on payroll from Jan-Mar.

(3) Earlier I've submitted BC obtained from Indian Ambassy but now I'll be submitting Affadivait prepared by Notary on a stam paper in India.

(4) All the copies of passport.

I'm not sure about the RFE (1), if I've to submit AC21 format letter or just a plain simple letter which I've already prepared...

Dear Sir or Madam:

This letter is written to confirm our continued intention to offer the permanent position of Software Engineer to Mr.XYZ. Mr. XYZ is employed in our Organization on a full time basis and will be paid an annual salary of $$$$$$$$$$$$.

Mr. XYZ has been in our Employment since Jan 2003. His duties remain the same as stated in the labor certification application which include designing developing and implementing computer software systems, while applying principles and techniques of computer science, engineering and mathematical analysis. He will analyze blah, blah, blah xxx x xxxxx

Should you have any questions, please feel free to contact me at 814-xxx-xxxx
Very truly yours
President

 

[maald]

Here is the format

Regarding job change within 180 days... this may not seem to be an issue based several attorneys reasonable interpretation. (that it's the 485 processing time that is binding for 180 d calculation). Just checking recent exp.., in the absence of official guidelines.

I was asked only W-2 for 2 years, no tax returns.

I too don't have an attorney. My RFE asked for statements of earning for last 6 pay periods.

If your pay period is semi-monthly, 3 months pay stubs are good enough. Looks like yours is monthly.

Adding following might help showing the propsect of continued employment, if financial statement is not available.

"XXXXX has been a key member of our company. Based on the company’s successful track record as a leader ......., we are optimistic about his prospect of continued employment with us.