RFE on 485 - AC21 (Gurus....Ginnu & others..)

K

kshathrya

Registered Users (C)
Guys:

Company A applied for concurrent 140/485 on May2003. Shutdown couple of months later. I immedietely moved to company B (same salary, job title, job description, geographical location) before 180 days and 140 approval. Lawyer suggested not to apply AC21. I didnt use EAD and did a h1 concurrent (transfer) to company B.

Got my 140 approved couple of months back. Still on h1. Got FP notice, went and its done. Ead expired now, didnt renew.

Now got an rfe on 485.

==========================================================
The medial examination report (form I-693) which you submitted indicates tat a chest x-ray had been performed on ...date. however, the form I-693 was completed and signed by physician on ...future date. since there is a significant time period betwwn the date of x ray and med exam, your med exam report is being returned to you. you are required to return to the physician that conducted your physical exam and have a chest x-ray completed. form i-693 must be resubmitted in unopened envelop for testing req.

also, submit an original letter on company letterhead from your current employer stating your date of hire, duties, remuneration and prospect for continued employment.
=========================================================

Now, first one is fine. Second one is the issue, as i have moved to company B. What is the best approach? Please advice. My intent is to use AC21, but my concern is less than 180 days even though now its pending more than 1.6 years) and moved before 140 approval (even though my 140 is approved couple of months back now).

please advice, as to the best course of action.
 
GC is for future job, so legally you dont need to be employed with the I-140 sponsoring company until you actually get your 485 approved. To use AC-21 you need to have 140 approved and passed the 180 day mark from 485 filing date. So just submit a letter from your side intending to use AC-21 to change employers and also employment letter from your current employer and make sure that the salary is ATLEAST LC salary with similar job title and job duties and you should be fine.
 
Last edited by a moderator:
date of hire

so, should i be putting the date of hire in the current employment letter, 6 months from 485 apply date? is that safe that way?

i had concurrent h1 with both, but was working fulltime with my current employer and not the gc sponsoring employer, as they shutdown after couple of months.
 
You have to put the actual hire date and do not put a different date coz if at some point they ask for W-2s and tax returns it would contradict what you mention. And also it does not matter when you left the company (company shutdown in 2 months) . Legally, to use AC-21 your 485 pending for atleast 180 days from filing date + 140 approved as GC is for future permanent job.
 
kshathrya said:
so, should i be putting the date of hire in the current employment letter, 6 months from 485 apply date? is that safe that way?
--- write the actual date
i had concurrent h1 with both, but was working fulltime with my current employer and not the gc sponsoring employer, as they shutdown after couple of months.
---that is not a problem as your I-140 got approved and I-485 is pending more than 180 days. use AC21, send new employer letter to use AC21 with job duties similar to past approved LC( it does not matter if they are not 100% same at least job duties should match 70-80% becase USCIS has not published what is Same or Similar and AC21 regulations are not published till date) send the Medicals as asked
Click to expand...
 
date

My lawyer was suggesting that I put a date 6 months from 485 approval as join date..as i had concurrent h1's with both. company a shutdown, but i amnot sure whether they totally shutdown in 2 months as it probably took a while for them to clear all their legal stuffs before ceasing as an entity atleast in paper.
so "unitednations" reply is one important thing that i have to consider.
At this point to make matters complicated, I went and got married. So I am bringing my wife in H4 and trying to file for her 485 too and then respond my rfe. am i taking a huge risk? am is safe?
is there anything that i have to take into consideration? i have to do all this in next 20 days.
 
You must log in or register to reply here.
Top