RFE just after getting Laid off

garth2k1

Registered Users (C)
Hello Experts... I am looking for your advise and would like to hear the experience from anyone who have gone through similar problems.

Here is my situation:

Just a week after getting laid of from the company that sponsored my Greencard, RFE was issued. Now the RFE is with the Attorney, and he wouldn't send it over to me. :mad: No replies to emails/calls etc. He is in East Coast.

And the company won't help me either.

I am looking for a job now... but the process is real slow, it has been more than 3 weeks since the RFE was issued.

Should I hire a lawyer to talk to the Old-company's Lawyer to get the RFE paperwork? If so, any suggestions for a good lawyer in the Bay Area?

Any ideas, suggestions... please help.

Thanks Very much

-:confused: garth2k1
WAC-02-094-5xxxx
 
Well...congrats on getting the RFE in the first place.

You did not mention any dates to see whether you are eligible for using AC21. I presume you are.

You need to get your RFE to see what is asked for. You can hire an attorney to get your RFE from the previous attorney. I guess you can use FOIA (Freedom Of Information Act) to do that.

Try this link...

http://boards.immigration.com/showthread.php?s=&threadid=96395&highlight=urguest

To respond to the RFE what you need is an employer (it does NOT necessarily mean job) who can provide you with the requested information in the RFE. Find an employer who can provide EVL according to LC requirements and/or latest pay stubs.

Be confident and you will be fine. Have fun.
 
Thank you guys especially Sri4GC for the Replies.

My dates are the following:

Notice date : Jan 24, 2002(WAC-02-094-5xxx).
1st FP done: September 10th, 2002.
2nd FP done: early Jan, 2004.
Received my 3rd EAD last week.

3rd FP : Going to oakland tomorrow for the FP. Don't understand how BCIS works. They sent me the 3rd one.

Lay off date: 19th March, 2004.

RFE was issued on : 23rd March, 2004.

Thanks again.
-garth
 
garth2k1,

I suggest you find a good attorney simultaenously as you seek for a job.
As soon your sign G-28 with the new attorney, he will directly request your entire file from your old attorney and will be able to respond to your RFE. Again key is take up any job that comes your way, as long as the employer is willing to give the same title, and relatively close salary as in your LC, and most importantly the letter saying your job title and duties.

You should be fine.
 
LC reuse

I am pretty sure a company that sponsors a LC can re-use the LC for another employee. What happens in such cases when an employee whose AOS is pending and is layed off and the company uses his LC for another employee? Is this possible and is this the case with garth2k1. If they can do this it is very disconcerting.
 
this was what you can do...

One of my friend did this couple of months ago and he got his GC from VSC.

If you are willing to spend some money this is what you can do.

Hire a lawyer to talk to your old-employer attorney to get the RFE info. Most likely its for 3 Paystubs, 3 years W2 etc...

If the RFE is for your paystubs and W2s you can do the following. Find a consulting firm who can pay your own money to you by pay stubs. That means you will loose about 30% of the money to raise pay stubs. That might be costing anywhere between 4 to 10K.
 
Why need to find another attorney? How about just talk to the old one and pay the fee by yourself. (The previous company won't pay this of cource).
 
Thanks to all for the suggestions.

MrCools, Junior-Member; I am working along the same lines. Trying to find a job with companies directly and through consulting companies.
Also, trying to hire an experienced attorney. Any suggestions? I haven't contacted Rajiv yet. I live in the Bay Area. Would it matter where the attorney is located at?

fpdelay; thanks for the concern. But, I think they can't reuse my LC. Since, my I485 is pending for more than 180 days. Atleast I sincerely hope so.

In fact, the company that filed my I485 petition did that to another employee(person A) who got laid off before finishing 180 days. They revoked that person A's I140 and gave that LC to another person B. Sadly, Person A's, I485 has been rejected.

annet, the reason why, i look to find another attorney is, the previous company's attorney has become totally unreliable, he didn't return any of my calls/emails, I am not sure how I can hire him even if I want to.

Hoping for the Best... Good Wishes to All.

-garth
 
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