RFE-recvd, AC21, company change before 140 approval,lawyer problems

R

ramavataar

Registered Users (C)
hi! Friends,

I posted before RFE reception, posting again to attract bigger audience for clarification and request you guys to spend some time to think over how to come over this complex situation

RFE asks for

1) photo <<< no problem

2) EVL << no problem

3) Petitioners ability to pay:Provide evidence of the petitioner's ability to pay beneficiary's wage. The petitioner must demonstrate this ability at the time of priority date is established and continuing until the benediciary obtains lawful permanent residence. Evidence of thid ability shall be either in the form of copies of annual reports, federal tax retuns, or audited financial statments<<<

In the light of AC21 how much company C(startup with 60+ people, good financial condition) Can provide this.

I had to work for Company B on H1, had terminated from company A before 140 approval, 140 approval took 1 year. Now working for company C on EAD..Its now 2 years for pending AOS total.

Had to leave A before 140 approval and had to change company to B before 180 days is scary part for me..I have read lot of doc. about GC for future job..my 140 is still in approved state..Company A(startup of 300+) is still in bankruptcy.

Company C lawyer is also confused and company B name had been kept secret by me till now.
Company A lawyer was supporting, and he had recommended to file 485, 2 year back.

To add some more complication, my lawyer(company C) was trying to transfer H1, keep in mind I joined C on EAD. I dont what she is doing..as per experts on forum...once on EAD invalidated H1 status and transfer is not possible..

dont know which lawyer to use company A's, or company C's

Pl. show me some light

-Thanks for time and help
Rama
RD: 02-168-xxxx
 
further more

hi! Gurus,

RFE has one more line at the end

The petioner is requested to provide this evidence from 2001 to the present

thanks,
Rama
 
my dear friend ramavataar

First thing --- Calm Down

According to me, you are in pretty good shape if you had a continous job. Just get the EVL from your current employer and write an AC-21 letter and send it with all other documentation you have asked to present.

I am very sure that you will see light at the end of the tunnel and an approval soon. The reason for that being that you are using AC-21 now, previously if you left the job before 180 days it really doesn't matter. And when you are using AC-21 immediately the petitioner is your new employer and you can send their financial documents from 2001.

Just make sure that you send all the documentation together (don't miss anything) and write a nice AC-21 letter. If the Attorneys are scaring you take help of some specialist like Mr. Rajiv Khanna or Ms. Murthy. But if I would you I would get all documentation together myself and send it.

And soon you will see - Approval - Good Luck
 
should i mention about company B??

hi! Prem,

should i mention about company B??

In the example AC21 i have seen, it list dates when all events happened...i list dates then company B will come in picture and may confuse IIO, by too much detail..downside of less doc. and clear explaination may be another RFE

Pl. comment
Rama
 
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