RFE Question: Ability to pay and DE-6

[Sri4GC]

I received the RFE asking the following:

'Provide evidence of the intended employer's ability to pay the applicant's wage. The employer must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence.'

Submit copies of the DE-6's for 2001, 2002, 2003 and the 1st quarter of 2004.

I have used AC21. Who is the 'intended employer' in my case previous or current?
I changed employer in 2003 beginning because previous company shutdown, so which employer has to provide DE6?

Gurus please respond...

 

[Hibuddies]

I like selection of smileys on your case, good choice

 

[max2k1]

I received the RFE asking the following:

'Provide evidence of the intended employer's ability to pay the applicant's wage. The employer must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence.'

Submit copies of the DE-6's for 2001, 2002, 2003 and the 1st quarter of 2004.

I have used AC21. Who is the 'intended employer' in my case previous or current?
I changed employer in 2003 beginning because previous company shutdown, so which employer has to provide DE6?

Gurus please respond...

I would think all of the info would have to be given by your current (new) employer.

Your current employer is the one that is willing to employ you on a permanent basis upon getting your GC. Once you used AC-21, the old employer is no longer in the picture for anything.

 

[lsamp]

I changed employer in 2003 beginning because previous company shutdown, so which employer has to provide DE6?

if the previous company shutdown, do you have a choice? get what is available (safest is getting DE 6 from both companies)

 

[Sri4GC]

if the previous company shutdown, do you have a choice? get what is available (safest is getting DE 6 from both companies)

If the previous company is shutdown how is it going to affect the GC processing?

 

[max2k1]

If the previous company is shutdown how is it going to affect the GC processing?

That should not effect your GC.
Filing AC21 makes the new company your GC sponsor - as long as they can provide supporting docs ( like for this RFE ), you should be good to go.