Ok, this helps a bit. There are 3 items that I belive you need to make sure are covered in your RFE:
1. Standard reply indicating your company, job title, and wages. I had a standard employment RFE. Since I was doing the same job with the same company (higher salary than LC) it was a slam-dunk, but I am attaching a copy of the letter with the names changed.
2. Invoke AC-21 and explain why your current position is the same/similar as the one in your LC
3. Explain that your current compensation meets or exceeds the prevailing wage.
I’d like to mention that there are considerable details in your case. Get as much information as you can regarding the 3 items I pointed out and discuss them with an immigration lawyer. If your company has had experience in this matter, you may find that your Human Resources or Legal departments can also advise you .
Good luck and do keep us posted.
Rgds,
Sadiq
Here's the letter I drafted on behalf of my company:
JANE DOE
PERSONNEL MANAGER
(360) 817-3000
E-Mail:
JDoe@acme.com
April 22, 2004
U.S. Department of Homeland Security
Bureau of Citizenship and Immigration Services
850 “S” Street
Post Office Box 82521
Lincoln, Nebraska 68501-2521
Re: Adjustment of Status of Mr. Sadiq
Dear Sir or Madam:
This letter certifies that Mr. Sadiq is a full-time regular employee of ACME, LLC. He is working in the capacity of Engineer and he receives an annual income of $XX,XXX.00 annually. ACME will continue to offer Mr. Sadiq employment while the application is being adjudicated and permanently afterwards. The terms and conditions of the immigrant visa continue to remain.
Please call me if you have any questions or require further information.
Very truly yours,
Jane Doe
Personnel Manager
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