UN or others. Please advise on RFE I485

[cala]

Posted at AC21 and may get more advice here:

My case:
- Worked for company A with LC and I-140 filed (EB3)
- Left company A and joined company B, I-140 for company A was approved two month after moved to Company B
- Talked to my company A and knew they would not revoke I-140, then filed I-485 without EVL. Thinking of invoke AC21 after 180 days pending
- Got RFE now requesting:
- Employment Offer: Submit a recent letter from your employer on their original letterhead showing that they are offering you a permanent, full-time position. The letter must indicate the position, salary/wage and the specific duties to be performed.

My questions:
1. Should I submit EVL of company B now and invoke AC21 after 180 days passed (sending AC21 letter)
Or
Wait until 180 days passed and reply with EVL?
2. What date should I put on EVL letter? I mean does that date has to be one after 180-day period?
3. If I reply after 180-day passed with EVL, do I have to send AC21 letter along with the EVL?
4. Do I need to submit W-2, Paystub, Tax Return, etc.?
5. Does AC-21 letter trigger AC21 or the EVL from company B?

Thanks

 

[cala]

Wait until after 180 days of receipt date of 485.

Use ac21 and offer letter from end employer (dated after 180 days of receipt date).

Thanks you so much!

Do I need to send AC-21 letter along with the EVL or just simply sending whatever RFE asked (EVL) ? How about paystub, tax return...

 

[pralay]

My questions:
1. Should I submit EVL of company B now and invoke AC21 after 180 days passed (sending AC21 letter)
Or
Wait until 180 days passed and reply with EVL?
2. What date should I put on EVL letter? I mean does that date has to be one after 180-day period?
3. If I reply after 180-day passed with EVL, do I have to send AC21 letter along with the EVL?
4. Do I need to submit W-2, Paystub, Tax Return, etc.?
5. Does AC-21 letter trigger AC21 or the EVL from company B?

I assume your changed your job before 180 days of pending I-485. In that case you need to talk to your attorney how to deal with this situation. In brief, if your GC job offer from company A is still valid, you should send that offer as RFE reply. However your job change from company A to company B indicate otherwise.

However, in layoff, company going out or business scenario changing job (hence invoking AC21) before 180 days of pending I-485 does not mean that I-485 or I-140 is gone automatically. I have seen that kind of situation in one of my friend's case. Basically, in certain cases it's possible to invoke AC21 before 180 days provided I-140 is valid.

 

[cala]

I assume your changed your job before 180 days of pending I-485. In that case you need to talk to your attorney how to deal with this situation. In brief, if your GC job offer from company A is still valid, you should send that offer as RFE reply. However your job change from company A to company B indicate otherwise.

However, in layoff, company going out or business scenario changing job (hence invoking AC21) before 180 days of pending I-485 does not mean that I-485 or I-140 is gone automatically. I have seen that kind of situation in one of my friend's case. Basically, in certain cases it's possible to invoke AC21 before 180 days provided I-140 is valid.

Thanks pralay. Changing job happened before 180 days and I140 is still valid.

 

[pralay]

Changing job happened before 180 days and I140 is still valid.

I think you should discuss with your attorney. Even though I don't anticipate anything negative, but as the situation is little bit tricky I would be extra cautious to deal with this RFE.

 

[cala]

Wait until after 180 days of receipt date of 485.

Use ac21 and offer letter from end employer (dated after 180 days of receipt date).

Could you please advise how I should assemble the paperworks. This is what I'm thinking (by sequence):
- Original RFE letter from CIS
- Cover Letter
- EVL (RFE asked)
- Medical (RFE asked)
- AC21 Letter
- W2, Paystub, Tax return, etc..

Thanks.

 

[cala]

Wait until after 180 days of receipt date of 485.

Use ac21 and offer letter from end employer (dated after 180 days of receipt date).

I'm not sure if it matters on how to assemble the paperworks. Please advise!!!

Here is what I'm thinking (in sequence):

1. Original RFE letter from CIS
2. EVL - RFE asked for
3. Medical - RFE asked for
4. AC-21 Letter
5. Support Documents...

Or

1. Cover letter convers both RFE and AC-21
2. Original RFE letter from CIS
3. EVL - RFE asked for
4. Medical - RFE asked for
5. Support Documents...

Or

Better assembly from you...

I intent to make it as good as possible. I can't afford any mistakes or delays... Thank you for your input!!!