RFE on May 1st .....HELP........../ Please........./

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new2bhere

Registered Users (C)
Hi Gurus,

Please help me respond the RFE.

My case History:

I-485 - RD 12/13/2001 - filed from company A (I don't Have this company H1 stamped on my Passport)

01/15/2002 - *******LAID OFF from company A******* (I have the last pay check for this date only. ) which is &&&&&& <180 days &&&&&&

05/06/2002 Joined with company B based on EAD which is also *******<180 days*******

01/15/2003 Laid off (Basically end of the project ) from company B

01/6/2003 Got offer from company C

Went on a vacation for a month and retuned to US on 2/10/2002 ****** USING ADVANCE PAROLE **********

Worked as a contractor for the Company C in a different state (WA) other than the home state CA where my application is pending for a much lower pay mentioned LCA

Returned to CA to my next contract and started working May Onwards. Luckily, this time also I continue to work with Company C with equal pay mentioned in LCA

Now I got a RFE for EVL, recent Pay Stub, W2 for yr 2001, 2002 and reason if not continuing with the sponsoring employer.

Real bad thing is I dont have a H1 now,

Also my family is in INDIA waiting for my GC approval and subsequent "follow-to-join" process........

Please suggest me how to go forward ?

My Lawyer is saying, You are not eligible for GC by any chance... What I can do? I have a solid project till the end of the year.

Please help me gurus...../

WAC-02-064-5XXXX
 
First, I think you better change your lawyer, a qualified lawyer should not say that.
Second, get EVL from company C, and pay stubs, then with your w-2s. I don't think INS want to see the laudry list of the companies you worked before (do they care?). You get a job now, it is the best weapon you have now.
 
Correct me if I am wrong, your case is no different from other AC21 cases(not approved under six months after filing). As long as you have a job on hand with similar salary, you should get GC. Don't give up and get a good lawyer.
 
RFE......

I don't know how to handle the situation, I have a in person appointment with the lawyer this monday...... Let me see what he says and how things go on.

Do we have any real examples who already done that?

Could you guys suggest me a good lawyer in Bay area?

I feel some positive with your great supportive replies...

Thanks
 
There are several cases with AC21 that have been approved. The posts above rightly point out that since GC is for future job - if you currently have a job with the same salary and desc as on the LC they you should be ok, however, INS will attempt to determine whether or not AC21 applies. Since you were not with your sponsoring company for >180 days, they will argue that AC21 does not apply and that the GC process fell through because of lack of future job intention on part of the sponsor.

But there are ways around. A good lawyer can help you out - by showing that you were on unpiad leave etc (just my personal opinion). I know of a person who quit his sponsor and joined his client - within 180 days and this was a couple months before AC21 was introduced. He did get called for an interview but got his approval without a problem. Such cases however are rare.


Good luck to you and I hope your lawyer can help you. Go to somebody who has been in the business for a long time.
 
You need not have to worry about your case at all. Maybe your lawyer does not know about AC21 rules.

They dont have to know all your job history.

Currently if you can provide your paystub and tax returns that is all you need.

Probably you need to contact a good lawyer. Someone in this group might help you to find a good lawyer in San Jose.
 
Thanks guys!! Exactly that is what I wanted, a good lawyer to handle my case.

Regarding AC21, My lawyer is saying you should be with your employer who filed the I-140 for at least 180 days.

Otherwise, You don't have any option go for AC21.

Thanks
:(
 
new2bhere,
Is this your second RFE? How about your first one?
Good luck!
 
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Talk with some other lawyers like Rajiv S. Khanna or Murthy or check out www.lewslaw.com

They would be able to suggest something.

I think you fall under AC21, beacuse your case hasn't been approved for more than 180 days since filling for AOS.


Talk with your lawyer, if he says nothing can be done contact any of the lawyers above or anyother good one. And Reply to Your RFE.

I don't think it should be a problem and you should get approved shortly..
 
Thanks My GCwaiter!!!

Hi I485andI824,

You remember me buddy!!!:)

What happened was, I never recd a RFE but the status was saying my response to RFE was recd on 15th November. I called the IIO, She said, the last action on my petition was canceled. I don't have to send anything... After that I was approved my AP.

But, yes, This is a second RFE. which ask for all EVL W2s paystub etc....

Thanks
 
Did you replied the RFE?

new2bhere!
Can you share your experience?

It may help the others in similar situation.
 
I'm not sure this is so cut and dried.

The W2s will tell BCIS the total numbers of employers, and their names... no big deal, could be working for 2 simultaneously on EAD etc. BUT you need the ability to show that you switched sponsorship from your original sponsoring employer after 180 days of filing. If there is a way to show that, the rest should be cool.
 
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Just reply to RFE

I am not sure BCIS officer will to that deep verification on 180 days using W2. IF they do you are unlucky. Just rely your RFE. Also try applying Canadian GC or H1 Just in case if you don't want to go back to your country.
 
Long story.......:eek:

All,

This is what happened after my last posting, sorry for not giving the update to the forum.

I asked my new employer to file a premium H1 for me. Some big lawyers were not ready to take up my case for new H1. But my same old desi lawyer was ready to file. So, we filed thru him only. But Again, I got RFE for my H1 also, asking for the exact dates to count the period when I was on H1 and when I was on AOS. (Yes, I was working on EAD, didn't have any H1 by that time)

Then, based on this new H1 my wife, my daughter and son applied for their H4 in Chennai consulate. Again, fun. They got a RFE?? (letter asking for additional info, in our case, it is photos... :p). Finally they got H4 stamped on their passport on July 27th....!

Regarding my RFE, my same old Lawyer drafted a letter along with some support documents (1.my previous employers letter stating that I was laid off 2.My current employers employment letter
3.pay stubs [my current employer makes monthly pay stub... and I had to wait till july 7th to get a complete pay stubs....]
4.My W2s )

Now the fun starts again, my lawyer got every papers draft letter, support documents and everything from me. But he mailed the RFE reply only on 17th July by snail mail.... I told him thousand times, I will pay for the express-mail send it by express.... he saved $15 and put me on highest trouble.

INS recd my RFE reply on 23rd July and put it on to the system on 25th july....... Now my Online status says recd the response to RFE on 25th july 2003.

The story doesn't end here...... I applied for 485 to my family ( I applied by myself).

Now waiting for approval for my case...:cool:

A RFE or a FP notice or approval to my wife and family

:cool:
 
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new2bhere:
This is what happened after my last posting, sorry for not giving the update to the forum. ........................
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Nice long story! Wish you'll have a HAPPY ending soooon!


:) :) :)
 
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