Rfe help please

H

HateDate

Registered Users (C)
I have been the silent user of this forum for more than a year, which has been a great help to all of us. ( :) :) :) :) :) )

I need some help from you guys. :confused:
I received Rfe, here are the exact details....

" Submit a currently issued letter or other evidence from the prospective permanent employer that indicates your current position, if any, your proffered position, and proffered wages and indicating that the terms and conditions of the employment petition continue to exist."

I have changed job a month ago. With no break in between.
Here is the list of the paper that I have come up with:
1> copies of 5 salary slip (including the old and new employer)
2> Employment letter.
3> Application of allien employment certification.

Guru's and the experienced once please stand up and suggest me if I am missing any thing in the above list ASAP ??


God Bless all for their Good Work :)
Keep it up

Thanks,
HateDate
 
WHAT IS YOUR RD?

Hi
I can not help you as I am very new to this field. But, can you please tell us you RD?
 
employment RFE

hi,

I received exactly the same RFE recently but I am still with the same company. My lawers sent just a letter from my company (signed by HR representative) stating that everything is still like it was in i-140. I offered to lawers my payment stubs, but they said that the letter was enough.

I am not sure how the fact that you changed the employer matters here.

Jarek
 
Thanks Jarek for your input.

Anybody with the similar situation, please help?
I read the forums and found that the AC21 is for change in employment. When i talked to my lawyer, she doesn't know anything about any AC21 form. I also do not know much about it. Anybody who did used AC21 please help me giving the details.

Thanks
HateDate
 
i guess the best and most reliable info can only come from someone who has successfully used AC-21 and got approved, and hopefully someone will post those details here. all i could tell you is that there is no AC-21 form as such. It is really up to the lawyer whether or not to cite AC-21 in the accompanying cover letter to your RFE response. the premise is that if your case is coming up for adjudication after your application has been pending for over 180 days, then AC-21 automatically covers you if you changed employers regardless of how many days after your 485 was filed, as long as the new job matches that in your LC both in description and details.

since this is a gray area, even for immigration personnel, lawyers could explicitly invoke AC-21 to ensure that it is not overlooked. but that definitely requires a lawyer who is up to speed on this.

i guess this does not help you too much, but you could search these forums for AC21, and more importantly, get a second opinion from another qualified lawyer. might cost you some money, but believe me, it is worth it.

CAVEAT:

i am not a lawyer or immigration expert. please consult a qualified immigration attorney before making any decision.
 
Search for posts under my user name. You will find details on AC21 usage.

I will say you need proof for your stay at sponsor for 180 after RD. ( six months pay stub)

and a letter from current employer listing you current job duties. off course these must match or be similar. to ones stated in your LC.

No expert advice. Use at your own risk.
 
Thanks Prok Chop and fellowgc for your input.

I tried to look for the post under your name fellowgc.
This is my understanding so far:
AC21 is not a form. Its a rule that INS officer applies under 2 conditaions:
1. Applied for 485 for more than 180 days
2. New job is in the similar to the one in your I 140 application.
Not sure whats the role of the salary is in the above rule, i guess it does not matter. :confused: Probably the salary should be the same or higher than in the labor certificate.
Sometimes when a person gets the employment rfe the lawyer might mention the AC21 rule in the letter upon his will.

Please correct me if there is any mistake in my understanding.

Thanks
HateDate
 
The new job

Help needed on some questions about the New Job:
1. does the new wage rate must be higher than old one?
2. The new job must be in the same phisical region?

Thank you very much!
 
I recd the same RFE a couple of monthe back. In response the following are the things my lawyer submitted ( as I have changed jobs after 180 days)
1. Employment letter from the company stating your position, salary and duties.
2. pay stubs for the 6 months period following I485 filing and pay stubs of the new company for months following.
3. A letter from the lawyer stating how your job is similar to the one that 140 was approved for. We used AC21 for this and so we had her put a copy of the law according to AC21. Also she referred to how the job code in O*net was the same for both the jobs.

We have'nt received any updates on the case yet,
 
Hatedate -

My details: RD-10/24/01 ND-10/23/2001 RFE-02/02/2003 RFE Rcvd-02/26/2003, And I'm in similar situation....My lawyer has used AC21 while submittimg the response for the RFE (which included Birth Certificates Affidavits for both myself and my wife and employment latter).

Aji-
Do you know of anyone with a approval with similar circumstances ( I mean using AC21....)?
what are your RD/ND/RFE details? and location?
Have you spoken with an IIO after submitting the RFE?

Thanks Guys

amac
 
Amac,

My RD is 10/4/01, ND 11/5/01, location WA
RFE issued 1/14/03, replied and recd 2/18/03

I personally don't know of anyone been approved for these conditions, but I did hv a post asking if any one got theirs approved using AC21 and one person replied he knew a friend from Detroit who did. Please see post 'I485 approvals using AC21' in the same forum.
 
You must log in or register to reply here.
Top