RFE Response - Urgent

M

mavishka

Registered Users (C)
We have received an RFE for employment letter and 2 months pay stubs. I was wondering whether we should respond through the lawyer or ourselves. Is a cover letter explaining use of AC21 required? If not, then I guess we're just better off responding ourselves, but if the cover letter, though not required, is helpful then maybe going through our lawyer might be better. What do you guys recommend? Would appreciate if you could guide me with this. Thanks.
 
Here's my take on this issue:
If the company name on the approved I-140 is different from the company name on the Employment letter and/or the submitted paystubs, I think you should write a cover letter explaining that you have used AC21.
 
mavishka,
If you have used AC21, you better mention that in your reply. In most of the cases, your new employer will mention this in his employment offer letter addressed to USCIS. Regardng the choice between replying by yourself and through lawyer, i will go by economics. Ask your lawyer how much he charges for RFE reply. If you feel that the amount is small (i would say <$300), then i would rather have him do this. Otherwise i will do it on my own.
Good Luck.
 
Thanks for your response GC012002 and dsatish.

Also, the current salary is about 13% less than LC salary and current title is 'Software Engineer' as opposed to 'Applications Developer' (LC). Do you think this will be an issue?

Thanks in advance.
 
Originally posted by mavishka
Thanks for your response GC012002 and dsatish.

Also, the current salary is about 13% less than LC salary and current title is 'Software Engineer' as opposed to 'Applications Developer' (LC). Do you think this will be an issue?

Thanks in advance.
Click to expand...

You really need to talk to your lawyer.
 
Mavishka,
Salary is difference is a non-issue . We have seen this with many people. Both the job titles are pretty much similar, so you should be absolutely fine. For AC21 case, the most important issue is Job Description. As long as the nature of job is same, you will be fine.
 
My 2 cents

If I have confidence in my lawyer, I would take his help because they deal with these things on daily basis, so they know what language is going to satisfy USCIS.

Also I will not totally believe the lawyer and would like to look at the reply (or package) before it is sent to USCIS.
 
I'm an AC21 myself. Got RFE for EVL from my "current" employer(asking date of hire, salary, and job duties), Pay stubs and last year tax. Lawyer passed on the RFE to me. I slapped all the docs without any cover letter and sent it back. Message on BCIS web site changed to RFE received received notice (24th March) .
Waiting to see their response.
From their RFE it seemed they assumed that I might be working for a different employer. I thought so be it and didnt considered it necessary to teach the adjudicator AC21 laws.
Best of luck.
 
Thanks for your response guys.

BTW, though the LC was filed as 'Applications Developer', the approved LC states 'Software Engineer', so I guess it's not an issue.

For those that were laid off from the GC sponsoring company and now working for another company using AC21, did you (or your lawyer) submit a copy of the termination letter while responding to the RFE?

Thanks in advance.
 
No. You only submit what you have been asked for.
My lawyer did not submit any termination letter. In fact, he didn't even mention that I was laid off. He, quoting the AC-21 rule, explained that I have changed the job after 180 days of pending I-485 application (as per the provision in AC21).

Hope it helps.

Sunnyk
RD: Nov/2001
ND: Dec/2001
FP1: Apr/2002
RFE: May/2003 (W2, Emp. letter, Tax returns)
RFE rec'd: July/2003
FP2: Nov/2003
FP3: Feb/2004
And the wait continues...
 
You can reply RFE by yourself and there is no need of any lawyer, provided you should have original RFE notice from INS and that notice need to be send while replying. There is no need to mention abt job change to INS and ur current paystubs is sufficent to get u approval.

INS just wants to verify your employment before they give you employment based GC so it is irrespective if it goes from Comp A or B. If we cannot change the job then INS would have never issued EAD to work freely anywhere.

This is my opinion, you may want to consult any professional. Good luck.
 
Current Job functions should match LC Job functions, then there is no issue. Since you used AC21 submit AC21 letter. Since it is not straight forward case, it is better to use attorney. But if you have all sample letter and if you are comfortable to apply on your own then go ahead.
 
sam99,
You are absolutely right. See my posting above. I got approved today, the 15th April after more than two years of 485 pending.

485 Filed - Mar 02
FP1 - May 02
FP2 - Nov 03
RFE - Mar 11 04
RFE Response Received - Mar 24 04.
AD - Apr 15 04.

End of story :)
 
Originally posted by sk72
I'm an AC21 myself. Got RFE for EVL from my "current" employer(asking date of hire, salary, and job duties), Pay stubs and last year tax. Lawyer passed on the RFE to me. I slapped all the docs without any cover letter and sent it back. Message on BCIS web site changed to RFE received received notice (24th March) .
Waiting to see their response.
From their RFE it seemed they assumed that I might be working for a different employer. I thought so be it and didnt considered it necessary to teach the adjudicator AC21 laws.
Best of luck.
Click to expand...

If the adjudicator is experienced then it's fine but for relatively new adjudicator it's to better to teach AC21 law. Probably you would have seen lot of misinterpretation of the law by CIS officials.
 
Congrats

Originally posted by sk72
sam99,
You are absolutely right. See my posting above. I got approved today, the 15th April after more than two years of 485 pending.

485 Filed - Mar 02
FP1 - May 02
FP2 - Nov 03
RFE - Mar 11 04
RFE Response Received - Mar 24 04.
AD - Apr 15 04.

End of story :)
Click to expand...
 
Thanks for all your feedback guys.

We decided to use our lawyer who has always been very nice and courteous to us. Don't mind spending a few 100 bucks paying him to get this thing wrapped up.
 
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