RFE Issued - Need help from experts : Bhanu,vinayak and others

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beegee

Registered Users (C)
Bhanu , Vinayak and other Experts,

The AVM says there was an RFE sent on 4/9. I called up my attorney, who owns the company, and she said they will probably ask for a letter from me stating how long I would be staying after getting green card. First, is this true? Is it binding? Becuase I don\'t intend to continue for a long time probably 3- 6 months. Also, what other details they might request in RFE.

My details PD:4/97; EB2 ; ND Oct99 ; FP 3/7/01

Thanks
 
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That is absolutely not true.
There is no LAW which binds you to stay with the company through which you get your GC.

Samyukta
 
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beegee,

In RFE, INS ask for one or more of following details;

1) Employment letter : Letter from employer indicating your position, job description and other details. Yes they might ask if this is a permanant position and if employer is willing to offer that position to you.. But this is not binding. Once you get the passport stamped you can just quit.. Its safe to stick around for 3 months after approval but as per new law it shouldn\'t matter. So don\'t worry, just take the letter from the employer and send it to INS. Once you get approval you will be free bird.

2) Last 3 months pay stubs

3) Last 3 years W2 / tax returns.

4) If your medical or Birth Certificate was not submitted with 485 application then they might ask for those details.

5) I325 biographical form..

So mostly one of these 5 details will be asked in the RFE.. Don\'t worry its getting closer now..

Hope this helps,

Vinayak
 
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Beegee,

It is interesting to note that your employer is you attorney as well. Actually that is a conflict of interest and unfair to the GC applicant but there are no laws against it and it is a dangerous combination. However, INS sends RFE purely for employer letter or pay stubs or other immigration related matter only. Whatever INS asks for is NON-BINDING and if your lawyer asks you to sign something for responding to the RFE then that is PURELY ILLEGAL because that is BLACKMAILING. One very good option if t comes to that is to contact a different attorney and provide that attorney all the details and make him respond to the RFE. INS cares least about who is responding on your behalf because remember I485 is a business between you (the applicant) and INS. Then later you can complain to INS about him and make you collect the evidence so that you can prove your complaint is legitimate. INS will screw anyone who is using Govt. authority to blackmail someone.

Bhanu
 
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I agree with Bhanu totally on this. It is definetly a conflict that your attorney also owns your company. If in case your employer/attorney asks you to sign a contract to respond to the RFE, I would strongly suggest that you consult an other attorney for guidance. It is UNETHICAL for an attorney who is meant to represent your interests to ask for you sign a document in order to respond to an RFE.

Very good analysis of the situation Bhanu.........

Good Luck
 
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Hi all,

Thanks for your valuable input. I will post the happenings once I receive my RFE details.

Beegee
 
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Beegee,

So far I have never seen such RFE that request info regarding "how long would you stay with company", so your lawyer (and your president) is manipulating the fact.

What you can do is, when she receives the actual RFE from INS, ask her for a copy of it. And I\'m sure she will not be able to produce to you since INS never asked for it.

Lillucard.
 
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