RFE Help - AC21 < 180 days

S

sipak

Registered Users (C)
Guys I received RFE on my case recently. Here is my detail:

RD: 01/28/02
Service center: VSC

I left company X with which my I485 was filed before 180 days from above date and joined company Y. Company X was going to file for Chapter 11 and laid off all engineers. Also moved from NY to Miami to join company Y. Company Y is one of Fortunate 500 company.

RFE asks about two different documents:

1. Submit a completed Form G-325A, Bigrapic Information Sheet.
Note: though I remember I sent this information in my initial application.

2. Submit an original letter on company letterhead from your current employer stating your <B>date of hire</B>, duties, remuneration and prospect for continued employment.

My questions are:


Q1. Is the RFE item 2 is normal text for employment verification kind of RFE? Is there any sample response to such RFE item?

Q2. Is it OK if I do not mention my start date with new employer Y?

Q3. My employer Y has it's own law firm to handle such cases but they are saying that I need to handle previous company's sponsored I485 by myself. Is it OK that I send such employment verification letter signed by my managment? Will that be acceptable by VSC?

Q4 Or it should be from HR/Immigration Department offical?

Q5. I also plan to notify VSC about my job change as part of response to this RFE. Is this suggested to do this? Is there sample letter for AC21 job change notification?

Please guide.

Thanks.
 
1. Standard fraud check - if you remeber visa interviews, they will ask the same question after 10 mins. If you are being truthful, your answer shall remain the same
2. Standard text

A1. Your lawyer should be able to provide a sample response, or else look under AC21 section in http://www.immigrationportal.com/showthread.php?threadid=93273
for samples

A2. I think it is okay to mention the start date, if your I-485 has not been adjudicated in 180 days, you should be eligible for AC21 - go with your lawyer's suggestion

A3. You don't need any doc from previous employer to establish eligibility for AC21, the current employement letter should be enough

A4. N/A

A5. You will be submitting a cover letter mentioning that you are eligible for a GC based on AC21, it will mention your job change. If attorneys at company Y are not familiar with AC21, consult a couple of firms who are and ask the same questions, they will provide a lot of clarity. Talk to firms who have a liberal interpretation of AC21.
 
F

Any idea how much is a normal charge for some RFE response like above?

Is this suggested to submit all following as part of RFE response to avoid second RFE?

- G-325A; Biographic Information
- Employment Letter
- AC21 Letter
- Last six pay stubs
- Last year W2s
- Last year Tax returns
- Copy of approved EAD (current and old)
- Form G-28. (Notice of entry of appearance as attorney.
Enclosures
- Copy of LC approval
- Copy of I140 Approval
- Copy of I485 receipt
- Employment Offer/Support letter from companyB
- Copy of Advance Parole (current and old)
- Passport pages for primary applicant (both new passport and old passport)
 
Your RFE seems to be a simple and standard one (you seem to be kind of lucky). I suggest that you send exactly what they require and include a cover letter indicating that you are taking AC21.

Otherwise I think it will confuse the immigration officer. (They seem to be confused even for small thing)
 
Gurus help

The RFE says:

2. Submit an original letter on company letterhead from your current employer stating your date of hire, duties, remuneration and prospect for continued employment.

Is not this that this is one of normal Employment Verification kind of RFE?

As my company is one big company with every response to BCIS as defined by their lawyers.

This is what my company has given to me the letter in response to above RFE:


February 28, 2003


RE: APLICANT NAME



TO: To Whom It May Concern:



IMMIGRATION AND NATURALIZATION SERVICE/ US CONSULATE


This letter will serve as an employment confirmation on behalf of APLICANT NAME.
The employee has been with ABC, Inc. as a full-time employee since 10/16/2000.
ABC, Inc. does not enter into contracts with employees and the employment is at-will.

The employee’s position is ASSOCIATE MANUFACTURING V, and the employee is compensated at the bi-weekly salary of $ 926.56 , is equivalent to the annual salary of $24,090.43.

Should you require further information or have any questions regarding this matter, please feel free to let us know.

Sincerely,



Mr. XYZ
Records Specialist



As you see they even don't mention individual's duties in their normal response. Will this be OK to respond with?

Or

I should send an other letter signed by my Manager to provide job description and some promise for continued employment. You think that will help?

What about Biographic Information error. Do you think that can cause any issue?

Help gurus....
 
it looks like the letter is good as a basis. Ask them to add a line on your duties and tell them its not illegal. More importantly is the salary. I hope that was only an example since that seems very low for bcis. Also I would send the job letter.
 
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