RFE urgent

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btwinp

Registered Users (C)
Company not willing to generate employment letter as salary mentioned in at the time of the labor certification is not met. I have only 3 days to respond back to INS , RFE original with attorney, Please kindly advice if I can use AC21 with any other company and how to proceed

GURUS please help, Getting into tense mode . Kindly help
 
The salary does not have to match the LC salary exactly as long as you're within reasonable range (whatever makes most sense given the current economic scenario).
 
company is not agreeing to issue the letter with regards to the salary . What are my other options?? All the related doc's with company attorney.
 
Is company not willing to give EVL at all or EVL that matches LC salary? Company should not object to stating current salary. :confused: If they don't give EVL- use your offer letter and recent paystubs. ;)
As stated above the salary should not be an exact match.
You can do AC21 with another employer as future employment also- I don't know if you can do all that in 3 days. :eek:
HTH
 
I would do as sb_tiger has said, get and EVL even if it is without salary info at this point and attach the paystubs and offer letter (attach a cover letter from yourself and mention in the cover letter, that paystubs are attached for the salary verification). I would try to send the response in time. If they would have more questions they might send another RFE but in the meantime I would try to search for an employer where I would have possibility of using AC-21.

Green Card aane par samose khila diyo.
Good Luck
 
If you have only 3 days to respond to the RFE

Then send all the information you have and you can get within 3 days to USCIS. If your company can not provide Employment letter with salary as in LC, atleast get the letter with what they can provide or currently providing now and send it over.
 
company not ready to give that letter also. I am helpless, can I hire another lawyer and try to get the doc's from the current lawyer and submit some sort of response so that I will not loose the 5 yrs of hard effort.
 
Send all the paperwork you have and keep working on getting some sort of letter. One other option is sending a letter + Fax to get more time to reply to RFE. Do something in a day or two, your situation is making me nervous.

I don't think you have enough time to do AC-21 stuff, so do one of the above mentioned steps and then you might borrow time to do AC-21.
 
Oh man...how come you came 3 days close to this ?!! sorry to hear your situation.
Do as the experts here suggested. And go to a competent attorney right away. May be he can send some kind of letter/fax to get more time.
 
I think your company is apprehensive about your current salary not being the same as your LC salary. Request, or even beg, them to issue an employment letter with your current details. Impress upon them that this letter is very critical to your obtaining permanent residence. As others have suggested, contact a competent lawyer and seek advice. Best of Luck. Hope everything works out smoothly.
 
btwinp:
Please clearly state what kind of letter the company is prepared to give and what it is not prepared to give- you have been extremely very vague. :(
What is your exact RFE?
As I suggested earlier- your offer letter(you must have one) + recent pay stubs should suffice. The least the company must (or should) provide is- that you currently work for tham at current salary. How much is the diff between your current and LC salary. :confused:
The salary does not have to match LC at all for the purpose of employement. For you GC it may matter somewhat- but if company is worried aboout breaking any rule with regard to that- it is not. Are you on H1- are they paying H1 salary. If so the employer is fine.
HTH
 
It sounds like they are not willing to even provide an EVL? The only recourse to prove you work there would then be the paystubs, although it puts you in a difficult situation where they have apparently decided to stop you GC process in the middle. They might have done this because of lawyer costs or simply because of political/shift in policy reasons.

Whatever they are, you would be well advised to:

1. File SOMETHING for the RFE. Advice of a different lawyer (certainly an experienced immigration lawyer) would be very useful here, will you get denied based on not satisfying the RFE verbatum?
2. Find a new lawyer and a new company, if you can.

I do get the feeling there might be more here than meets the eye, though... Why would they deny you a EVL when you are employed? Your case might have some additional circumstances.
 
There are no additional circumstances that I can think of. Employer wants to restart the GC process instead of issuing EVL. How far is he legal in doing that? If I file any sort of reply to the RFE will it buy me enough time to reply back later with proper documents, the reason being attorney has all the originals and I donot have anything with me. The RFE was for EVL for both me and spouse and medical's to be done again.
 
btwinp said:
There are no additional circumstances that I can think of. Employer wants to restart the GC process instead of issuing EVL. How far is he legal in doing that? If I file any sort of reply to the RFE will it buy me enough time to reply back later with proper documents, the reason being attorney has all the originals and I donot have anything with me. The RFE was for EVL for both me and spouse and medical's to be done again.
Click to expand...

You are applying for a employment based green card. However, if your underlying I140 (labor cert) has been approved and your I-485 has been pending for more than 180 days, you are fine. You can continue with the same process, only different employer. You really have no legal course of action against the employer. Unless specifically written, it is their right to deny you the GC endorsement at any point in the process.

Without being an attorney, I would think that filing whatever you have right now would buy you that time to get another attorney. However, I guess that I would be very suspicious of your employer's intent at this point.

Why would they need to restart the process? It makes no sense. It could be an excuse to stop the process. You need to find a new employer that would be willing to issue the letter.
 
Once again you are totally vague by saying the employer does not want to issue EVL but start new GC- that is crazy to say the least.
Why will they not issue EVL- the only reason could be they do not want to support your GC anymore - Why? You should know or ask them. Slightly less salary etc are silly/irrelevant excues.
At the same time for EVL you can try using your original offer letter- may not work but worth a try.
You don't need any much documents to reply 485 RFE. 485 is your petition. Ask the lawyer to fax you the RFE and respond yourself. If you don't respond RFE in time - your GC process will end abruptly.
HTH
 
The problem with the employer providingthe EVL is that the salary does not match. and it seems it is against the policy of the company to issue the same with the amt shown on the labour. There is nothing fishy here except for the foolishness of some HR employee of the company. two options, one to withdraw or to provide with some sort of letter showing total compensation instead of salary as such. frustrating part is they are not prompt in responding and taking lot of time to respond.

AS i had mentioned , the RFE is for three things, EVL for myself and EVL on behalf of the spouse and the medicals. I can redo the medicals andget EVL for my spouse again. Will partial response be considered? All the other doc;s are with the attorney.
 
Salary is not an issue, just get the darn letter with whatever salary you're currently getting and submit the RFE response before the deadline.

I'm not clear whether you would like an EVL with LC salary instead of current salary and the company is not willing to provide false information, or whether the company is not willing to provide EVL because your current salary is less than LC, or whether company is providing EVL with current salary and you're afraid to submit because it's less than LC????

We're trying to help you out here. We cannot provide effective suggestions if you don't provide us clear information.
 
It looks like you have not redone the medicals.

Man - that itself will take at least a week. What have you been doing?

I would suggest, follow what others have said:

Appointment letter + pay stubs + W2.
Write something up in your cover letter.

If you have time, show it to a competent lawyer and send the respone now.

As PremChopra said, this is giving me too some uneasy feelings.

Goodluck - filing GC again seems to be some kind of crap from the company - please don't fall for it.
 
Just undersatnd something very simple- EVL salary does not have to match LC. As a matter of fact EVL and LC and GC can be treated as totally independent things.

If you are an employee of any comany- you should be able to get a simple letter stating:
" You are a full time employee of the company with the flwg - title, job description and salary". That is all there is to an EVL. If you can't even get that- you are working for a bad company and/or have bad relations or whatever. :eek:
Why are you running around at the last moment now- typically you get 90 days to reply for RFE. :confused:
 
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