RFE:Please advise

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Pleeeeeeeees hlp

I have a RFE in which I need to send my employment history, current employment, W2s, cancelled checks since last entry.

I have a prob, I filed my 485 in Feb 02, 5 months (< 180 days) after that on July 15 my company name changed
I did not have any break in my pay checks but all pay-checks till now show Date of Hire as July 15. My salary etc were same.

What should I do in such a situation? I guess even if I send even a single pay check after July 15, all show date of hire as July 15,02

In that case my lawyer says "Immigration officer may Reject Green Card since I automatically changed company less than 180 days after apply 485"

ANY SUGGESTIONS guys?




:( :(
 
was it just a name change?

Did the Tax id for the company change.... I have heard conflicting reports on this. My take on this is that if the TAX id has not changed it is OK.
 
Hi,

I guess the tax-ID of company change actually my company split into 2 halves and my division became a new company
During the end of year for 02 I got two W2s one from original & one from newer.

I did not file amended I140 for Company Name change ?

Any suggestions?
 
But, your 485 has not been adjudicated for more than 180 days. As far as I know, AC21 does not mention when you can change jobs.If you have changed jobs < 180 but your 485 was not adjudicated within 180 days , u r good to use AC21
 
Same Here

Hey

my case is almost same as yours where sponsporing company was bought over by company B before 180 days ..... Everthing else for me remain the same.

My lawyer is of the opnion that It's Ok with AC21..... He says does not matter WHAT TIME (< 180 days or > 180 days) you chnage the company.

Of course sometime I feel insecure and always remains a question mark in my mind ?

Keep me posted on your development.

With lots of luck
 
Tx all for ur help

Tx for ur suggestions.

AP1
Did you file AC21 etc?
Did u get any RFE etc.?


Tx
 
Okay here is what I found.

Check the below link on the new rules.

Based on this one can change employer before 180 days of I485 but should pray that your I485 will not be approved before 180 days. With the present processing timings people should be happy if their case is approved in 2 years so getting approved before 180 days is a remote possibility.

Also the 180 days always starts since when the I-485 is received by the BCIS irrespective of whether it is filed concurrently with I140 or after I140 is approved.

The key point to be noted is that the one should change employer only after I140 is approved.They can change employer before 180 days of I485 hoping that I1485 will not be approved before 180 days or change employer after 180 days on I485 if they want to be safe.

Also if the I-140 is withdrawn by the old employer on or after the 180 days on I1485 and the employee has not submitted evidence of a new employment to the USCIS, then USCIS will issue a Notice of Intent to Deny (NOID). If the applicant answers the NOID by submitting evidence of a new offer of employment which is similar to the old Employment then the I-140 will remain valid and the I-485 will be processed normally.

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf



http://immigration.about.com/library/weekly/aa090903b.htm
 
Last edited by a moderator:
To be on safer side, check with your attorney whether you can file I-140 amendment if company taxid is changed.
 
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