RFE HELP........../ Please........./

N

new2bhere

Registered Users (C)
Hi Gurus,

Please help me respond the RFE.

My case History:

I-485 - RD 12/13/2001 - filed from company A (I don't Have this company H1 stamped on my Passport)

01/15/2002 - *******LAID OFF from company A******* (I have the last pay check for this date only. ) which is &&&&&& <180 days &&&&&&

05/06/2002 Joined with company B based on EAD which is also *******<180 days*******

01/15/2003 Laid off (Basically end of the project ) from company B

01/6/2003 Got offer from company C

Went on a vacation for a month and retuned to US on 2/10/2002 ****** USING ADVANCE PAROLE **********

Worked as a contractor for the Company C in a different state (WA) other than the home state CA where my application is pending for a much lower pay mentioned LCA

Returned to CA to my next contract and started working May Onwards. Luckily, this time also I continue to work with Company C with equal pay mentioned in LCA

Now I got a RFE for EVL, recent Pay Stub, W2 for yr 2001, 2002 and reason if not continuing with the sponsoring employer.

Real bad thing is I dont have a H1 now,

Also my family is in INDIA waiting for my GC approval and subsequent "follow-to-join" process........

Please suggest me how to go forward ?

My Lawyer is saying, You are not eligible for GC by any chance... What I can do? I have a solid project till the end of the year.

Please help me gurus...../
 
Based on a liberal interpretation (as BCIS haven't issued their ruling on this) of AC21 you should get your GC. Should pose no problem as your petition has been peding for more than 180 days. Also have seen serveral people in this forum who were in a similar stage get their GC.

All you need is to get a EVL from your current employer. Let this letter include your job description, your duties, your salary (should be at least equal to the salary mentioned in your LC) also mentioning that your job is permanent. Prepare other stuff requested in your RFE and send them to BCIS. You should be fine.

Hope this helps.

Disclaimer:
I'm not a lawyer, pl. consult one.
 
I am not sure about your I-485 case, it's complicated.

But anyway if your 6 year not complted for h1 (first day of entering in USA to the day you used EAD first time), you can still apply for h1 useing premium processing and get new h1, in worst case if your I-485 denied, you can go out country and get fresh h1 stamp and bring your family to usa.

If you already complted 6 year for h1 then i think as your I-485 pending for long time, you can apply for 7th year extention, but then there are lots of gray area and i am not sure, whether you can travel outside the country or not and if you already used EAD, then if they gave fresh new h1 for 7th year or not.

Other thing, i was suggesting to change lawyer, if lawyer doesn't have faith or agresive enough or creative enough to find way out of it, then it would be problem. hire/ consult any good lawyer who can help you.

Good Luck,

JB
 
How Easy to file a H1 now?

My lawyer is saying, apply for a new H1 is also not possible by this time, since I had already used AP.

I don't know what to do? Still trying.
 
Find a good lawyer and reply your RFE since you were laid off by A. You hv similar jobnow with simlar pay they apply for AC21 and worst case u will get a interview nothing else. Regarding H1 u can apply for premium processing from any one willing to apply for your H1.
 
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