RFE Received, unemployed a long time... what do I do?

S

sam_c_9

New Member
I received the RFE for:

1. employment letter
2. two months pay stub
3. 2 year's w2

The job market being as it is, I have been unemployed for about a year now. I do have my EAD still valid. But the company I used to work for has closed down. The only thing my lawyer told me was that if I don't submit the requirement my I-485 will be denied.

Any advise as to what I should do?

Another question:
Does EAD allow me to work for ANY job? My I-485 was filed a computer programmer. I don't know if I can be in another line of work using my EAD.

Thanks.
 
Unless you find a job, you'll be deined. you have three months to find a job. Even if you find a job. you won't have time to get enough paystubs.
 
You will have to find a job in the same category as you approved Labor Certificate as soon as possible. Good luck.
 
Originally posted by sam_c_9
I received the RFE for:

1. employment letter
2. two months pay stub
3. 2 year's w2

The job market being as it is, I have been unemployed for about a year now. I do have my EAD still valid. But the company I used to work for has closed down. The only thing my lawyer told me was that if I don't submit the requirement my I-485 will be denied.

Any advise as to what I should do?

Another question:
Does EAD allow me to work for ANY job? My I-485 was filed a computer programmer. I don't know if I can be in another line of work using my EAD.

Thanks.
Click to expand...

IMHO, if you write to BCIS an honest letter explaining your situation and that you're still looking out for a job, they might still approve your case sympathetically. It would be better if you worked in the computer field since your LC was filed as computer programmer. Especially, if you can show that your spouse is working and that your household earnings are above poverty guidelines that might help your case. It would nice if you could find a job within the next couple of months. That will definitely see you through. My 2 cents.
 
If I do get denied, what are my options?
Can I file an appeal or something?

Do I have to leave the country immediately?
 
Re: Re: RFE Received, unemployed a long time... what do I do?

Originally posted by mavishka
IMHO, if you write to BCIS an honest letter explaining your situation and that you're still looking out for a job, they might still approve your case sympathetically.
Click to expand...

I don't mean to be abrupt or rude, but come on. The law is the law, and it says that you cannot be approved for an EB green card unless you have a future job offer.

Our poster needs to spend his time getting a new job in the computer field instead of grovelling to BCIS. I wouldn't sweat the absence of paystubs.
 
I think your chance of approval is very slim. BCIS is very strict recently.

You have to apply H-1 again, I guess.
 
Originally posted by sam_c_9
If I do get denied, what are my options? Can I file an appeal or something? Do I have to leave the country immediately?
Click to expand...

If you are denied for having no future job offer, I don't see any grounds for appeal. What error has BCIS made? After the denial notice, you will have 10 days to leave the US, after which illegal presence starts accumulating.

http://www.computerjobs.com/
 
Also I can't believe you're still in US after a year out of job. You wasted all of your savings staying here.
 
Try getting paystubs

If possible try to find a company that can run paychecks for you
for the next 2 to 3 pay periods.2 years W2 try sending for 2001
and 2000.
Then, reply with letter from that company, pay checks and
mention that you used AC21.

Good Luck
Sept13

You know that I am not a lawyer.If I am, you know I wouldn't be
giving this advice for free.Try at your own risk.
 
sam_c_9

Yours is a tough situation. However, I am quite surprised that you couldn't find an IT job even with an EAD! Were you restricted geographically?

The only suggestion now is to find an employer quickly and start working in the same capacity as outlined in your Labor Cert. Don't take it lightly.

Find an employer who would be willing to hire you. After a hard try and if nothing materializes, look for an employer who would be willing to hire you. Maybe the offer letter would help you in this shaky economy.

Good Luck!
 
Try this

1.submit employment letter
2. generate pay stubs from the company ... , submit LOA, show that you have worked in other country for a while....etc


There are so many options.Don't worry you will get it.
 
What I can think of...

1. Try to find a new JOB ASAP w/ your EAD in the specified fieldand that should be the first option.
2. In the meantime,Try to find a company that can process your H1, so that if I485 is denied, U can stay legally and find a job..!
3. Try to find a company that can take you in their payrolls, provide paystubs, though you don't work [U pay the tax though for the paystub period they provide]

Good Luck

Consult a lawyer..!
 
Thank you all for the replies... encouraging or not.

For the positive replies, I sincerely appreciate it. They give me hope, however small, that somehow things will work out fine.
 
Of all the suggestions I think sept13's was the best.
I dont wanna suggest one way or other but keep in mind..Give BCIS what it wants.. It doesnt' matter how you get it.. Trying to gain BCIS's sympathy may or may not work. Trying to look for someone who could get you what BCIS wants is quite possible.
If you spend some money on greencard its worth it.
In anycase for now block out all the ill advice(dengdeng: you are amazing. I really hope you dont get into a similar situation in life.)
Goodluck. I hope you get your greencard and turn around and laugh at the ones who is trying to blame you for no fault of urs.

*** EAD allows you to work any line of job no matter what your H1 is for or 485 is for. ***

Answer the RFE before the time period, find a job through EAD, have fun in your life..
 
take your time and find a job.

I think your options in order of decreasing desirability are :

1. Find employer in next 3 months , invoke AC21

2. Find pseudo-employer. There are many desi companies in NJ, IL and GA who would take 5 to 10% and would pay you back your money. Get paystubs, employment letter, Invoke AC21. Go on 'Leave of Abscence' so you don't have to continue paying to this employer

3. If nothing works out... send letter proving that you are not going to be a public charge and you are trying to find a job... there are cases where that letter has worked.

All the best.
 
phaedrus 1 has by far the best response. Do not expect symphathy from the BCIS. It is a mindless machine. Give the machine the paper it needs and it will spew out the paper you need.
 
Be positive!

sam_c_9,

Be positive and dont give in to any negative thoughts! Things will turn around. Hunt, hunt, hunt for a job.

As some positive folks mentioned here, it's possible to generate paystubs and get employment letter if you pay money.

Good Luck!
 
somewhat similar situation,,advise?

first of all i want to tell sam to be positive(even though its tough, but easy to say)

my scenario is kidof teh same:
my company shutdown may31.
i got three offers.
but now its july 3rd, and i guess i will end up filing only on july 10th or something. my lat pay stub is may31.

we files 140/485 concurrent on april and receipt notice on may. got my ead approved as per bcis tracker. havent received card yet.

the companies i got job are willing to do h1 transfer. but some are concerned sa its more than 1 month of missing paystubs.

can i salvage my gc in future (4 montsh from now) using ac21?
is my ead valid?
can i get h1 transfer, will that revoke my gc as its based on my old h1?

please advice.

again, i ma trying to be positive. i wish things workout for sam.
again guys, if u can give good advice thats nice or your opinion is appreciated. but please do not discourage people, as u will know only when u go through that for no fault of yours.

bs
 
Re: somewhat similar situation,,advise?

Originally posted by bs2k
first of all i want to tell sam to be positive(even though its tough, but easy to say)

my scenario is kidof teh same:
my company shutdown may31.
i got three offers.
but now its july 3rd, and i guess i will end up filing only on july 10th or something. my lat pay stub is may31.

we files 140/485 concurrent on april and receipt notice on may. got my ead approved as per bcis tracker. havent received card yet.

the companies i got job are willing to do h1 transfer. but some are concerned sa its more than 1 month of missing paystubs.

can i salvage my gc in future (4 montsh from now) using ac21?
is my ead valid?
can i get h1 transfer, will that revoke my gc as its based on my old h1?

please advice.

again, i ma trying to be positive. i wish things workout for sam.
again guys, if u can give good advice thats nice or your opinion is appreciated. but please do not discourage people, as u will know only when u go through that for no fault of yours.

bs
Click to expand...
Your situation is much better! You've got a job offer! and yes you can use your EAD.
Good luck to both of you!
 
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