RFE received -Please help

G

GC_by_2003

Registered Users (C)
I posted this on "I-485 Portability (AC21)" thread - no one replied. Please help.
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Gurus please help and advise on my RFE.

My case is a AC21 case. The company that filed my I-140 and I485 laid me off last year. They gave a formal termination letter stating "..due economic/market conditions...terminating my employment" I have good relations with my old company and also with the lawyer that represented me. As per advice of old company and the Lawyer, did not inform BCIS about job change. They said you can inform them if I receive a RFE.

At the time of job change,180 days have passed since filing my I485 (256 days to be precise).I was able to find another Job in the same city with the same job duties as motioned in the LC. The salary in my new job is 6K more then the salary mentioned in the LC. The start date of new job was 286 days after filing I485. I have last 11 months of continuous pay check from the new company. There was a gap of 5 weeks between the old job and new job.

The RFE (Blue color notice) that my lawyer received asks for:

"Submit an original letter on company letterhead from your prospective employer who filed Form I-140/I-360 on your behalf stating their continued interest in hiring you, duties to be performed, and remuneration."

Questions:
1. Please advice what documents that I should send for the above RFE?

2. Can I send the RFE by myself? Lawyer is asking $1000 reply to this RFE with AC21 letter. I do have a copy of LC with job description and salary and I-140 approval copy. Lawyer is ready to send the RFE document to me and let me do it myself. He is not putting pressure on me to pay $1000.

3. Since my new salary is 6K more then the one mentioned in the LC - will it be an issue?

4. Should I attach the termination letter from old company? The termination letter did not mention that they will re hire me in future (but I have good relations with them)


Those who went through similar situation, please advice.

Thanks in advance for the help.

I 485
RD : 23Jan. 2002
ND : 04Feb. 2002
2nf FP: 05Aug. 2003
RFE: 30Sept. 2003
Spouse received 2nFP –schedule date 4th Nov. 2003
 
Answer to your questions

Hi,

Here are a few answers to your questions..

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The RFE (Blue color notice) that my lawyer received asks for:

"Submit an original letter on company letterhead from your prospective employer who filed Form I-140/I-360 on your behalf stating their continued interest in hiring you, duties to be performed, and remuneration."

Questions:
1. Please advice what documents that I should send for the above RFE?

-- No need to send a letter from your OLD employer..

Send a letter from your new employer with the exact same job duties and responsibilities as mentioned in your ETA-750.

Salary of 6K more than your LC application is not a problem. You can mention your original salary.

You can send the letter of termination from your old employer to prove that you worked with him for 180 days after filing I-485.


2. Can I send the RFE by myself? Lawyer is asking $1000 reply to this RFE with AC21 letter. I do have a copy of LC with job description and salary and I-140 approval copy. Lawyer is ready to send the RFE document to me and let me do it myself. He is not putting pressure on me to pay $1000.


-- Get the original RFE letter from your attorney. You can do it yourself.

3. Since my new salary is 6K more then the one mentioned in the LC - will it be an issue?

Salary is not an issue. Don't worry.

4. Should I attach the termination letter from old company? The termination letter did not mention that they will re hire me in future (but I have good relations with them)

No problem if you attach the letter also.

IF you want to get AC21 documentation, contact Sheela Murthy for a consultation . She will have some pretty standard documents that you can use to support your case. It might be cheaper.

Don't tell her that you are doing it by yourself.. Tell her that your attorney is preparing some documentation but you want her documentation to be double sure...

Otherwise she will charge you around $2000.
 
1. Please advice what documents that I should send for the above RFE?

Send a letter from the current employee stating your job title and responsibilities and also mentioning about AC21 usage(make sure they are similar to your original title/responsibilities)

2. Can I send the RFE by myself? Lawyer is asking $1000 reply to this RFE with AC21 letter. I do have a copy of LC with job description and salary and I-140 approval copy. Lawyer is ready to send the RFE document to me and let me do it myself. He is not putting pressure on me to pay $1000.

Yes, you can do it yourself.

3. Since my new salary is 6K more then the one mentioned in the LC - will it be an issue?

Shouldn't be a problem.

4. Should I attach the termination letter from old company? The termination letter did not mention that they will re hire me in future (but I have good relations with them)

It is always better to attach it to show that you had every intention to work for the previous company.
 
GC_JULY_2001 and ar888

Thank you for your replies. It gives me some confidence. I will start working on my RFE.

Will keep the forum updated about my progress.
 
All the best for GC approval. My case is almost similiar like this but the difference is my Labor and I_140 got approved by company A and I joined company B (A's client under pressure). Company A filed my 485 on future employment basis. Then I got laid of by company B. stayed on bench for 7-8 months then Joined company C as permanant. Couldn't join A because they couldn't find me a project also they were not paying anything. They are very angry with me. It was not my fault. How long I can sit on bench without salary. Have family. Joined company C after 6 months (of I-485)

What worse can happen to my case and what would be the best solution. What precaution should I take.

RD-04/06/02
FD-04/19/02
FP-07/19/03

Thanks in advance.
 
Hello wellwisher2002

Betteeer thing to do in the current scenario is to change your attorney..

Keep all the documents ready in case the attorney asks for it..

It may cost you some money but at least you have the peace of mind that nobody will screw up your case at this eleventh hour..
 
Thanks a lot. You mean that I should inform INS about the new attorney. Should I inform INS about the employer change? Otherwise everything is going smooth. Yes, In case of RFE, don't know what will happen? Also I am going to change hope by end of this month (local in the same area code).

Thanks again!!!!!!!!!
 
In case of RFE, mostly your lawyer will receive it.

Originally posted by wellwisher2002
Thanks a lot. You mean that I should inform INS about the new attorney. Should I inform INS about the employer change? Otherwise everything is going smooth. Yes, In case of RFE, don't know what will happen? Also I am going to change hope by end of this month (local in the same area code).

Thanks again!!!!!!!!!
Click to expand...

So, take that into consideration and do something about it.
For change of Address send For AR11 and call them to notify so that you receive the mail correctly.
 
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