Rfe Question

G

GCSeekerInd

Registered Users (C)
I-485 filed in Oct 2002. Changed employer after 6 months. An AC-21 case. Same job description. Never informed USCIS as per attorney's advice. We also thought that we can inform when they ask any additional information.

Got an RFE recently on I-485 for medical, employer letter, latest paystubs for 2 months.

However attorney in the I-485 reply did not mention AC-21 provisions. So in the USCIS records there is no employer change info. Not sure why. It is obvious that there is a employer change as the employment letter now is issued by a different company than the sponsor of the 140/485 petition. I am not sure why the attorney did not mention the info explicitly in the RFE response that there has been an employer change as per AC-21 provision. May be a mistake. I am worried about this mistake.

Could this create a problem ? Anybody faced a similar position earlier ? I saw in many cases employer change has been intimated along with the RFE response.

Should we get ready for another RFE ?

Guys share your thoughts/opinions....
 
Another RFE question

I dont know the answer/suggestion to the above question/concern, but would like to add my RFE question to consolidate RFE concern at single place.
I received an RFE last week(letter from company, last 2 yrs W-2 and last 2 months paystubs) and I already knew what my rfe was as I had contacted congressman's office earlier and they informed me what it was. Now, I just talked to my lawyer, and in my case I am presently paid $3k less then what my Labor and H1 had. This salary once again, is after the raise I received. For the last 1.5 yrs I was paid very less as the company was doing very bad after sept 2001.
According to my lawyer, recently there have been lots of Denial's regarding this salary differences. Would like to know the opinions of other guru's in this forum.
I have been working for the same company throughout.
Also, it is imp to note that I got a similar RFE for 140, and I had very less salary at that time, but it still got approved.

Any inputs greatly appreciated.
Thanks in advance,

Rhino.
 
GCSeekerInd

I think you should sent another letter about AC-21, Check with your attorney about the logic with which he sent your paperwork. I think now the officer might be guessing as sponsor is another organization and the employment letter is from other place. It all depends on officer, he may send RFE or case might be transferred but you can never predict with USCIS, even if you get approval I won't be surprised because an intelligent officer would know that in both the cases the end result is going to be approval so he/she might approve your case.

rhinohere...
I don't think you should need to worry, less salary is not a worry at all, I have seen so many posts from people who got approved without problems. So, I don't think you need to stress about this. Also I haven't seen any denials/ or heard of any denials because of this reason as your lawyer mentioned.

As soon as I said I never saw anyone denied because of low salary, HIDEKI posted that one of his friend got denied for this reason. But specailists here like dsatish here would tell you that case should not be denied because of less salary. If you are not satisfied with what your attorney is doing, take help of second opinion from some other experienced attorey like Mr. Khanna.
 
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Not exactly similar.. but kinda.

I have not submitted AC21 along wiht the RFE. The reason being my original sponsor has provided me with the evl ltr.

Lets see what happens. :)
 
PremChopra said:
GCSeekerInd

I think you should sent another letter about AC-21, Check with your attorney about the logic with which he sent your paperwork. I think now the officer might be guessing as sponsor is another organization and the employment letter is from other place. It all depends on officer, he may send RFE or case might be transferred but you can never predict with USCIS, even if you get approval I won't be surprised because an intelligent officer would know that in both the cases the end result is going to be approval so he/she might approve your case.

rhinohere...
I don't think you should need to worry, less salary is not a worry at all, I have seen so many posts from people who got approved without problems. So, I don't think you need to stress about this. Also I haven't seen any denials/ or heard of any denials because of this reason as your lawyer mentioned.

As soon as I said I never saw anyone denied because of low salary, HIDEKI posted that one of his friend got denied for this reason. But specailists here like dsatish here would tell you that case should not be denied because of less salary. If you are not satisfied with what your attorney is doing, take help of second opinion from some other experienced attorey like Mr. Khanna.
Click to expand...

I agree with this unless you are getting 80% less salary then whats projected in the labor, which is even still very rare.
I am aware of most common six flags of 485 denial :
1) CIMT/Arrest/Felony issues. (http://www.visalaw.com/01aug4/12aug401.html)
2) Medical grounds of inadmissibility (common are HIV other STDs but some discretionary waivers available).
3) Prolong period of overstaying (accruing illegal stay). > 1 yr.
4) Submitting fraudulent documents to gain immigration benefits or concealing facts (Class A misdemeanor and automatic ground for removal)
5) Being on state welfare or receiving benefits before AOS. (public charge).
6) Unable to find a job or a sponsor or remaining unemployed for a long period.
Most common for EB applicants if they can't provide a prospective employer during 485 approval.

I am sure eperts would like to add more to this laundry list but one of my attorney who's specialized in immigration and criminal cases cited the above are 99% reasons for 485 denial.
 
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