RFE on I-485 (AC21 & Labor substitution case). Please help

M

mkr

Registered Users (C)
We just got RFE on the I-485 applications of my wife and mine. Mine is a Labor substitution and AC21 case. Some of the documents they are asking for in the RFE are confusing me. Could any of the Gurus Help me on this.

Here is the history of my case:
Company A applied for I-140 with Labor substitution. I-140 was approved. After that, I applied for I-485 (Dec, 2002). 14 months after applying for I-485, I used AC21 and changed the employer to Company B (in Feb, 2004). I have informed INS about using AC21 immediately. Recently, I used AC21 again and Joined company C (Oct, 2004) due to layoffs. This time I did not inform INS as I am close to getting the approval. I thought I would inform if they send RFE.

Following are the contents of the RFE Verbatim.

1. "submit Date of Birth certificate. The certificates must be issued by the appropriate civil authorities showing timely registration, date, DOB, parents names. The submitted document is registered years after the event".

I never had a DOB certificate and my Birth was never registered in India. So, at the time of filing 485, I had it registered at that time and submitted this copy. It seems like, they don't accept it.

What are the alternatives for me to prove my DOB?

2. "Submit approval notice for I-140 by (Company B), because you are able to keep up the priority date. But we still need an I-140 to base it on".

I am confused Why they are asking the I-140 approval from Company B? Company B never applied for I-140. I joined company B using AC21. I-140 was approved through Company A.

Is this a case where officer did not study the AC21 letter sent by me or he just confused? any advices on this?

3. "Current Employment letter with prospect of continued employment".

This means I will be sending Company C employment letter as I am currently working with them. Company C is ready to give employment letter but, they are not willing to explicitly mention anything about prospect of continued employment. Would this be OK?

I am going to contact talk to my lawyer on saturday, I just want to know what you all advice before I talk to him.

Thanks in advance
 
mkr said:
We just got RFE on the I-485 applications of my wife and mine. Mine is a Labor substitution and AC21 case. Some of the documents they are asking for in the RFE are confusing me. Could any of the Gurus Help me on this.

Here is the history of my case:
Company A applied for I-140 with Labor substitution. I-140 was approved. After that, I applied for I-485 (Dec, 2002). 14 months after applying for I-485, I used AC21 and changed the employer to Company B (in Feb, 2004). I have informed INS about using AC21 immediately. Recently, I used AC21 again and Joined company C (Oct, 2004) due to layoffs. This time I did not inform INS as I am close to getting the approval. I thought I would inform if they send RFE.

Following are the contents of the RFE Verbatim.

1. "submit Date of Birth certificate. The certificates must be issued by the appropriate civil authorities showing timely registration, date, DOB, parents names. The submitted document is registered years after the event".

I never had a DOB certificate and my Birth was never registered in India. So, at the time of filing 485, I had it registered at that time and submitted this copy. It seems like, they don't accept it.

What are the alternatives for me to prove my DOB?
------------------ submit 2 affidevits from your parents on 10 rupees stamp paper signed bofore notary or executive Magistrare
2. "Submit approval notice for I-140 by (Company B), because you are able to keep up the priority date. But we still need an I-140 to base it on".

I am confused Why they are asking the I-140 approval from Company B? Company B never applied for I-140. I joined company B using AC21. I-140 was approved through Company A.

Is this a case where officer did not study the AC21 letter sent by me or he just confused?
------ it seems the mistake of USCIS officer, explain him
any advices on this?
-------------- explain the situation becase officer is thinking that B also applied I-140 for you and if it is approved then he need copy so that he can Interfile the I-140 of B and can approve I-485 based on B I-140. you need to explain that you sent letter to Invoke AC21 on date..... if you have copy attach it and inform that employer B never applied I-140
3. "Current Employment letter with prospect of continued employment".
-------- new employer permanent offer letter with same similar job duties
This means I will be sending Company C employment letter as I am currently working with them.
--correct
Company C is ready to give employment letter but, they are not willing to explicitly mention anything about prospect of continued employment. Would this be OK?
------- they need to write that they Intend to offer you permanent job after I-485 approval, if they dont offer permanent job than that letter will not be accepted for AC21, you need to have Permanent job offer after

I am going to contact talk to my lawyer on saturday, I just want to know what you all advice before I talk to him.

Thanks in advance
Click to expand...
 
Ginnu, Thanks alot. That was very helpfull.

You said "submit 2 affidevits from your parents on 10 rupees stamp paper signed before notary or executive Magistrate"

You mean to say each parent will give seperate affidavitt? or
both of them together give one affidavitt (2 copies) ?

Also,
You said "they need to write that they Intend to offer you permanent job after I-485 approval, if they dont offer permanent job than that letter will not be accepted for AC21, you need to have Permanent job offer after"

They have already issued a letter with out that line about future prospects. They are asking me to use the offer letter that they gave at the time of joining as the proof of future employment prospect.

Can I submit the offer letter for proof of future employment prospects? But it is date in october 2004. Because, that is when I joined in this company. I can back it up with the paystubs etc. that I am currently working there. Ofcourse I do have the Employment verification letter issued by HR and Job duties letter issued by my manager to back it up.
Can I do this way?

Thankyou
 
mkr said:
Ginnu, Thanks alot. That was very helpfull.

You said "submit 2 affidevits from your parents on 10 rupees stamp paper signed before notary or executive Magistrate"

You mean to say each parent will give seperate affidavitt?
------ your father 1 affidevit, your mother 1 affidevit, on the affidevit it should be clearly written " name of father/mother, date and place of birth, your name as it appers on your passport( for sample go to www.immihelp.com)
or
both of them together give one affidavitt (2 copies) ?

Also,
You said "they need to write that they Intend to offer you permanent job after I-485 approval, if they dont offer permanent job than that letter will not be accepted for AC21, you need to have Permanent job offer after"

They have already issued a letter with out that line about future prospects. They are asking me to use the offer letter that they gave at the time of joining as the proof of future employment prospect.
----- I will try to get new letter with full time future permanent job offer
Can I submit the offer letter for proof of future employment prospects? But it is date in october 2004.
---get new letter
Because, that is when I joined in this company. I can back it up with the paystubs etc. that I am currently working there.
---- get new job offer letter and attach copy of recent 3-4 pay stubs
Ofcourse I do have the Employment verification letter issued by HR and Job duties letter issued by my manager to back it up.
Can I do this way?
------I will send new letter with same/ similar job duties AND offer of full time permanent job
Thankyou
Click to expand...
 
Thankyou Ginnu.

The HR of our company only issued the Employment Verification. The manager has given a seperate letter (on the letter head) about my Job duties, responsibilities and skills which are 90% similar. Can I submit these 2 letters for AC21?
 
mkr said:
Thankyou Ginnu.

The HR of our company only issued the Employment Verification. The manager has given a seperate letter (on the letter head) about my Job duties, responsibilities and skills which are 90% similar. Can I submit these 2 letters for AC21?
Click to expand...
----- Only 1 letter of new employer, dont confuse the officer
 
Include your job duties in your offer letter as separate paragraph, and make it one letter as mentioned by ginnu
 
MKR here is the sample affidavit:
Green Card / Permanent Residency

--------------------------------------------------------------------------------

Sample Affidavit of Birth for Parents


AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)

Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))

We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:


Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].

That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].

We married on [date of marriage] in the city of [name of city], [country].

We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and

b. [list all of the other children, if applicable].


[Child's First Name] [Child's Last Name] was born in [name of city], [country].

This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].

We declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
[Father's First Name] [Father's Last Name] and signature

_________________________
[Mother's First Name] [Mother's Last Name] and signature



Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.
 
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