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<<<



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


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
 
EAD & H1

I'm not an expert on these issues, so I can't
comment on your case, but ,
I can tell you about using EAD and H1.

I recently got this clarified with my attorney
and they say,
If we use EAD atleast once,
then we can't go back and work on H-1B,

if you need to work on H-1B again, then
you have to go out of the country and get
the H-1B visa stamping done,
and then start working on H-1B,

we should either continue working on EAD
or on H-1B , I think its always safe to work on H-1B
by getting extns - this is what I'm doing.

again, like I said, this is what I learnt from my
attorney, may be its correct or my be its not
you better check with your attorney

we are all sailing in the same
boat in one way or other

I wish you luck my friend
 
I think you should be fine just sending the Financial reports of Comapny C. Also send a letter of AC21 that you are now porting your I-140 to Company C from Company A. And if comapny C existed in 2001 .. send teh financial reports of Company C from 2001.


Is everyone finding this new UI SLOW!!! or is it just me.
 
should i mention about company B??

Friends,

should i mention about company B??

or rather how to avoid, because in AC21 letter sample in forum..it was detailing date of joining each company filing etc..in that way B seems to be avoidable..

If I could avoid B, then it will less confuse IIO, because..I have similar job at C as of A, and its more than 180days..

Its like thin fine line to walk.

Thanks for support friends,
Rama
 
last part of puzzle

Friends,

what is meant by 3rd part of RFE ending with these lines

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

how can company C provide this?

Thanks,
Rama
 
Ram,

My suggestion is you talk to a very good immigration attorney who have dealt with similar case. Since you changed your company at 140 stage I don't know how AC21 is applicable. If it was an concurrent filing then did you clarify 180 day portability rule applicable for concurrent filing?.

Some of the best attorneys are Rajiv Khanna, Sheela Murthy. I do recall Sheela Murthy handled a case where the employer revoked I140 of an applicant who switched using AC21 and when BCIS denied the case her office filed an MTR and won the case. This may not exactly reflect.

Please take up your issue with one of the best attorneys as your case looks to be complicated.

Best of Luck




NOTE : This is not legal Advice. I am not qualified attorney
 
it was not concurrent

thx gcworthy,

I am also thinking to take consultation with somebody..

I had to change job becase company A was closing down, but i didnot use AC21 in switching to B, it was H1 transfer..


Later my 140 got approved, and after that when working for B, I applied for 485 (dont know really how to establish intend to work for A, company is still trying to close..its is still alive)

Got EAD and after 1 year I used EAD to join C in similar job as company A, and here I want to send AC21 letter and change of intend and proof that..since 485 is pending for more than 180 days, job title is same and basic priciple of GC is its for Future job and applicant need not have to work for sponsoring company during the course of GC processing..

This is my strong point, dont know how can I defend..

Thanks,
Rama
 
This may help

Ramavtar,

here is the letter format submitted on my case, this should help you.

Also to note, I filed for my new H1 after working for about a year in EAD, and once went out of the country and got back in by AP. I got a RFE on H1 and later I got H1 approved with I-94 on it. which made me not to go out of US for stamping.

Further, my family got H4s based on this H1 at chennai consulate, and came into USA.

So, you should be fine! Keep smiling....and follow up with yr lawyers.

(Lawyers may hate this for the extra work, For H1 appln. and RFE reply this portal and some friends helped a lot. lawyer did his part drafted the letter)
--------------------------------------------------------------

Dear Sir or Madam,

We are the attorneys on record for the above-mentioned matter. In response to the request for Evidence received in the case, we submit as under:

1. Employment Offer letter from the present company, Company C Inc:

Per your instructions, we hereby attach a copy of Employment offer letter from the present Employer Company signed by the President of the Company. This letter verifies that Applicant is currently employed as a Senior Software Engineer on a full time permanent position with the present Company, Company C Inc, since xx/xx/xxxx.
Since the present employer wishes to retain the services of the Beneficiary and has consulting as well as in house work for the Beneficiary, hence by way of Abundant Caution they filed for
H-1B, which was approved on xx/xx/xxxx and is valid from xx/xx/xxxx to xx/xx/xxxx

2. Letter from Previous Employer Company A, Inc:

Applicant Fname M Lname worked for this Company from xx/xx/xxxx till xx/xx/xxxx as a Senior Software Engineer. Applicant’s job was terminated due to company wide layoffs due to bad economy. After getting laid off from Company A Inc., applicant worked as a Software Engineer for another Company COMPANY B till mmm yyyy on the basis of Work Authorization granted to him based on his pending Application for Adjustment of Status.

Originally Application for Adjustment of Status (I-485), was filed by Company A Inc., on
December 12th, 2001. The same (WAC-02-064-xxxx) is pending with California Service Center.

As per AC21’s provisions an individual Alien Beneficiary can switch jobs after an Adjustment of Status application is pending for six months or more and if the new job is in same or similar capacity. In the present case, Applicant switched his job when his Adjustment of Status application was pending for six months. He was working as a Senior Software Engineer with previous company and is working under the same title with the present company.


Please find enclosed the following:

1) Employment Offer letter; (Company C)
2) Letter from Previous Employer; (company A)
3) Copies of Recent Pay Stubs;
4) Copies of W-2 for the Tax year
5) Copy of Work Authorization Card.



Kindly process the aforesaid petition at the earliest. In case you may have any other additional questions or concerns please contact us at the aforesaid address at the earliest.

Thank you for your assistance in the matter.

Sincerely,

xxxx xxxx
Attorneys at law
 
This may help

One important thing is missing in my previous post. I got my 485 approved and got Plastic GC on Oct.

so dont worry.
 
thx new2bhere

thx new2bhere you are hanging around even after GC, i really appreciate.

new2bhere,

my game plan looks like

respond to RFE via Attorney for company C or A prefferable C, if she dont panic.

Send AC21 letter explaining AC21 applicablity in light of 180 days, same title, future job (discussion of Ac21).

Change of Intend letter,

In all I am trying not to disclose company B to IIO to get benefit of doubt and making my case as normal as possible.

I know there is chance of approval even after big fight/appeal..but if I can avoid that..my strong point is company C employement and may send all paystubs..since they didn't ask about W2 so I may not send because it may reveal company B name..

and last but not least I will talk to Murthy or Rajiv khanna before I click on Send RFE Reply :)

pl. comment

Thanks,
Rama
 
ramavataar said:
thx new2bhere you are hanging around even after GC, i really appreciate.

new2bhere,

my game plan looks like

respond to RFE via Attorney for company C or A prefferable C, if she dont panic.

Send AC21 letter explaining AC21 applicablity in light of 180 days, same title, future job (discussion of Ac21).

Change of Intend letter,

In all I am trying not to disclose company B to IIO to get benefit of doubt and making my case as normal as possible.

I know there is chance of approval even after big fight/appeal..but if I can avoid that..my strong point is company C employement and may send all paystubs..since they didn't ask about W2 so I may not send because it may reveal company B name..

and last but not least I will talk to Murthy or Rajiv khanna before I click on Send RFE Reply :)

pl. comment

Thanks,
Rama
Click to expand...

You are getting confused. Since you are working for Company C just send a Employment letter from company C. It does not matter how many company’s you changed or when did you changed?

Disclosing company B should not be an issue at all. It was one of the previous company’s you worked. If they are not asking your employment history you need not tell that.

officer will not get confused in anyway.

Do not worry about Company A or Company B. Send all the details of company C.

Your case is a straight AC-21 case. There is nothing scare about. Just like you I got layoff letter just 10 days after filing I-485 with pending I-140. I changed the company twice. I know what exactly you are thinking.
 
thx all

I am getting some confidence..

my lawyer is on leave..once we pullup all the docs, I will personally take 2nd opinion from Rajiv khanna or Murthy

I dont know which one nope :)

-Rama
 
You must log in or register to reply here.
Top