RFE Help

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NC001

Registered Users (C)
My wife and I got RFE on our I485. INS asked us for I-20, passport, I-94.
and I-134 Affidavit of support for my wife.
I have changed the job (did not inform the INS); I thought the RFE should be related to the employment issue, but it is not.

My lawyer discovered that we need to put my employment and annual income information on I-134 Affidavit of support form for my wife. He thinks we may need to file my employer change; even the INS did not ask.
My lawyer gave me two choices:
(1) File the response without mentioning my change in employer and wait to see if we receive an additional request for evidence from TSC asking for confirmation from my company of my position and salary with them;
Or (2) File the response now with this information from my current employer

Do you think which choices I should take?


Thanks!
 
If you already waited moretime then option 2 is good, as there is no point in hiding the new offer and the change of employer. (this condition you have to fulfill the AC 21 rules perfect, approved 140,changed your employer after 180days of filing 485, no gap in employement - you have all paystubs, met previleging Wage in Labor, your your job level - Duties are same as mentioned in Labor.)

If your case is lessthen a year then go with option 1, even if they asks more info then you can submit later.

All the best.

BaSh
 
Basic rule "Didn't ask didn't tell"

tell them what they asked, don't tell what u are not asked. AC-21 is not Manadotry

:D

Good Luck
 
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Thank you guys!

My current employer is willing to provide the EVL, but it’s not easier to provide me the recent annual report or financial statements that my lawyer asked.
Does the annual report or financial statements require when filing the AC21(employer change)?
The HR person at my branch office said they need to contact our corporate office to see if they can provide annual report or financial statements. I think it will take the time to get back with me.
 
Relax, don't panic,

Reply RFE and send only doc they asked. Either ur attorney is dealing his first case or trying to scare u to bill u more :D . Trust on ur confident not Attorney

Ability to pay from LC/140 date story has been gone, even they asked current emp 'ability to pay' ur recently W2(old/new empl) + ur recent pay stub would be fine. as long as u can provide EVL (if asked).

ur recent pay stub is proof that they are paying and + EVL is enough prrof . :D don't get nervous, and make ur life difficult thinking more :D


Good Luck, don't worry and sleep well.

:D
 
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I485 Approved

Our I485 have been approved on 11/30/2004.
I did not submit the employer change information since my current employer is not willing to provide me the recent annual report or financial statements.
Although I was still talking to my employer for the financial statements,
, I asked the lawyer filed the RFE responses without employer change information.

Thanks for the great suggestion from PrinceofJungle,harvydonald and Bash.
I hope you could get some experience from our cases.
 
May be ..

The information that you filed in form I134 ( affidavit of support) was not 100 % correct then. Mostly when you file such affidavits you say " Under penalty of perjury .. blah blah" so didn't your Lawyer tell you to not pput wrong employer information in that affidavit ?

Even though your 485 is approved, I see a bit of concern here about lying under oath. May be I am blowing up the issue but I hope you don't mind other people here giving their views on this.
 
I want to clarify, this is very important.I did not lie. I put my new employer information on the I-134. I just did not file AC21 and wait for another RFE for employer change.

will_get_there said:
The information that you filed in form I134 ( affidavit of support) was not 100 % correct then. Mostly when you file such affidavits you say " Under penalty of perjury .. blah blah" so didn't your Lawyer tell you to not pput wrong employer information in that affidavit ?

Even though your 485 is approved, I see a bit of concern here about lying under oath. May be I am blowing up the issue but I hope you don't mind other people here giving their views on this.
Click to expand...
 
Sorry ... dude

I am extremely sorry dude.. I assumed you did this based on the following line in your post :

"I did not submit the employer change information since my current employer is not willing to provide me the recent annual report or financial statements."

Enjoy your GC and I hope the best for you in future.
 
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