Urgent help, RFE on I-485.

S

sdimmig

Registered Users (C)
Need help. I received a RFE on my pending I-485. I need advises from you gurus. Let me explain my situation first.

1. I was working for a company A until Mar 2002. Company A filed my labor certification on May 2001 and was approved by Apr 2002.
2. But by Mar 2002 I have to join company B. I am working for company B since Mar 2002.
3. I requested company A to continue my green card processing. Company A agreed and filed my I-140 and I-485 concurrently on Oct 2002. By that time I am with company B for 7 months.
4. Now I received a RFE requesting for employment verification letter from the current employer.
5. The RFE goes like the below
“Submit a currently issued letter or other evidence from the prospective permanent employer that indicates your current position, if any, your proffered position, and proffered wage and indicating that the terms and conditions of the employment petition continue to exist.

If you have changed employers since filing your application for adjustment of status, the letter shall be issued by your current and new prospective permanent employer. This letter must specify the duties of the position, requirements of the position, job title, wage and the date you actually began employment”

6. Now there will not be any problem of getting a letter from sponsoring employer (company A)
7. I need an advice from you gurus whether to get the letter from Company A or Company B
8. Will there be any problem if I give the letter from Company B? (my start date was earlier than the I-485 filing date, but I perform the same duty)

Please help me ASAP. Thanks
 
sdimmig said:
Need help. I received a RFE on my pending I-485. I need advises from you gurus. Let me explain my situation first.

1. I was working for a company A until Mar 2002. Company A filed my labor certification on May 2001 and was approved by Apr 2002.
2. But by Mar 2002 I have to join company B. I am working for company B since Mar 2002.
3. I requested company A to continue my green card processing. Company A agreed and filed my I-140 and I-485 concurrently on Oct 2002. By that time I am with company B for 7 months.
4. Now I received a RFE requesting for employment verification letter from the current employer.
5. The RFE goes like the below
“Submit a currently issued letter or other evidence from the prospective permanent employer that indicates your current position, if any, your proffered position, and proffered wage and indicating that the terms and conditions of the employment petition continue to exist.

If you have changed employers since filing your application for adjustment of status, the letter shall be issued by your current and new prospective permanent employer. This letter must specify the duties of the position, requirements of the position, job title, wage and the date you actually began employment”

6. Now there will not be any problem of getting a letter from sponsoring employer (company A)
7. I need an advice from you gurus whether to get the letter from Company A or Company B
8. Will there be any problem if I give the letter from Company B? (my start date was earlier than the I-485 filing date, but I perform the same duty)

Please help me ASAP. Thanks
Click to expand...

Do you intend to go back and work for Company A after GC is approved? If yes, submit letter from company A. If not, submit letter from company B stating salary, job desc, requirements that match LC, and leaving out start date.

- ab
 
Thanks Ab,
No I don't want to go back to company A. The RFE is specifically asking for starting date of the new employer. Will there be any more RFEs if I leave out the start date? Thanks
 
sdimmig said:
Thanks Ab,
No I don't want to go back to company A. The RFE is specifically asking for starting date of the new employer. Will there be any more RFEs if I leave out the start date? Thanks
Click to expand...

Sorry I didn't notice the last line of the RFE. Yes, you will have to provide the start date but that may get you in trouble.

In my opinion, you have 2 choices now:
1. Get letter from employer A stating that the job is "future" and will be given to you on approval of GC only. Then, once your GC is approved, you can decide whether to join A or not. Ofcourse, if you don't join A, your case might be considered fraudulent during citizenship review.

2. Get a letter from your employer B stating that the start date for the permanent position was only recently, and that your initial employment with them was temporary which only later got turned into permanent. Then, your line of argument (include a cover letter) will be:
(i) Employer A filed GC for a future job.
(ii) Meanwhile I worked in a temporary job at Employer B with the intention of joining A after GC is approved
(iii) After 180 days of filing 485, employer B's job became permanent and hence now I "intend" to stay in it and am thereby invoking AC-21.

Has there been any change lately in your position/title since you joined B? If so, you can use the start date of that title in the response to RFE.

Please consult an expert attorney. Goodluck!

- ab
 
Last edited by a moderator:
I need your opinion too AB

Hi all,

I think I have almost the same case as atlantabhopali.

1. Company A decided to start processing of my GC. My labor cert was approved. File for I140
2. Before I140 gets approved, I got laid off but Company A decided to continue sponsoring my GC application. I then moved to company B.
3. Received an RFE asking me to send a letter coming from Company A about my employment. Lawyer drafted a letter saying that Company A have an intention of hiring me once I get my GC. INS approved I140.
4. Applied for 485, and had 2 FP (At this time I was working with company C). INS transfered my case from Nebraska to Philly for faster processing. Recently I got a letter of Interview for March of 2005.
5. INS asked me to bring photo identification document, employment letters and all original copies of letters coming from them.

My question is:
1. Which employment letter should I take? Company A letter stating that they still have intentions of hiring me (which is 50/50). Or Company C letter which I am currently employed with stating my job description, salary and such. I am in the same field all throughout of my employment. Never started working with Company B until my H1B transfer were approved. Worked with Company C under my EAD. I have the same attorney all throughout my case.
2. What are the implications if I take 2 letters?
3. Will they deny my case because of it?

I'd appreciate if you could give me your opinion. Thanks!

Miguelerik
 
exact RFE

sdimmg,
did you file for AC21 when you went to company B? Also can you post the exact RFE on your case?
 
Not Correct

"I don't think you can invoke AC21 upon RFE from USCIS, you have to notify them of your intentions before hand"

This is not correct. GC is for future employment only. You can take the letter from employer c for interview. You have only one drawback. You have to prove with the letter saying that Employer A intend to employ you when your 140 approved. But this questions rarelt comes. otherwise you don't have any problem upto my knowledge.
 
UnitedNatons is perfectly correct. My case was the same (future offer and AC-21) and was approved. You should be fine mentioning the correct start date from employer B. Good luck.
 
Who gets the RFE notice?

My company person said its always the sponsoring company will get the RFE notice.

Is that true in your case? Where did they mail the RFE notice?
 
miguelerik said:
My question is:
1. Which employment letter should I take? Company A letter stating that they still have intentions of hiring me (which is 50/50). Or Company C letter which I am currently employed with stating my job description, salary and such. I am in the same field all throughout of my employment. Never started working with Company B until my H1B transfer were approved. Worked with Company C under my EAD. I have the same attorney all throughout my case.

----> If I were you, I would take Company A letter and not complicate matters. Then, if as you say there is a 50% chance that they will hire you on approval, great. If not, you still had the intentions to work for them but they couldn't hire you - so you should be ok either way.

2. What are the implications if I take 2 letters?

-----> Take letter from C as backup but don't use it unless they ask where you are working right now.

3. Will they deny my case because of it?

----> I don't think so, but I am not an immigration officer ;-)
Click to expand...

goodluck!

- ab
 
vami - couple of incorrect assumptions:

vamsi9901 said:
I am also in a similar situation, what i think is if you haven't filed AC21 as soon as you went to company B, then you have to get the letter from Company A stating they will employ you upon GC approval. I don't think you can invoke AC21 upon RFE from USCIS, you have to notify them of your intentions before hand.

---> This is not correct. While it is preferable for CIS to get your AC-21 papers before RFE, it is not "required". You can still send AC-21 papers if you want to definitely work for B.

If company A gives that letter and you get your gc, and its up to you to join them or not as there will be no follow up from USCIS once the case is approved.

----> This is incorrect also. Sometimes, CIS can review in detail your work history after GC, especially when you apply for naturalization 5 yrs later. Technically speaking, one should work for sponsoring employer "indefinitely" (atleast 6 months) after approval. While the chances of such review are not very high, one cannot assume that one is free to work anywhere immediately after GC approval.
Click to expand...
 
Can someone explain?

Hi guys,

Thanks for the response. It is greatly appreciated. Can someone explain to me what AC21 is? I'm trying to figure it out but I'm having a hard time. My understanding about AC21 is that, because of the backlog of application, one can work for another company without waiting for an approval of their case? Correct me if I am wrong please.

In my previous work history, I joined company B after I received an approval of my H1B transfer. I didn't have any intentions of working with them until my application were approved. With this said, do I still need to notify BICS?

Company A who filed for my GC is very supportive. They issue every letter that my lawyer asked them with regards to RFE. I think I can get a letter from them stating that they have intentions of hiring me, but then again, I'd want to stay with my current company (Company C). Of course I can ask company C to issue an employment letter stating my job description, start date and salary.

Will it cause any issue if I'm already working for them and my salary is not the same as in my labor cert although my job descriptions stays the same althroughout my employment?

Do I have to take my lawyer with me? This guy costs a lot of money just to appear with my in my interview. Have anyone had to take their lawyers and what's the outcome of their interview?

I'm glad to hear that most of the cases similiar to mine has been approved. I hope mine gets approved as well. I want this application to get over with!!! :)

Thanks for all future responses.

Miguelerik
 
miguelerik said:
Hi guys,

Thanks for the response. It is greatly appreciated. Can someone explain to me what AC21 is? I'm trying to figure it out but I'm having a hard time. My understanding about AC21 is that, because of the backlog of application, one can work for another company without waiting for an approval of their case? Correct me if I am wrong please.

----> AC-21 states that you can change jobs without impacting your GC once your 140 has been approved and 180 days have passed since filing 485.

In my previous work history, I joined company B after I received an approval of my H1B transfer. I didn't have any intentions of working with them until my application were approved. With this said, do I still need to notify BICS?

----> Not sure what you mean. AC-21 for H1 (can start working on the new job as soon as you file for h1 transfer) is different from AC-21 for GC (stated above)

Company A who filed for my GC is very supportive. They issue every letter that my lawyer asked them with regards to RFE. I think I can get a letter from them stating that they have intentions of hiring me, but then again, I'd want to stay with my current company (Company C). Of course I can ask company C to issue an employment letter stating my job description, start date and salary.

----> if you want to stay with C, and started with them 180 days after 485 filing, provide their letter. Otherwise provide a letter from A.

Do I have to take my lawyer with me? This guy costs a lot of money just to appear with my in my interview. Have anyone had to take their lawyers and what's the outcome of their interview?

----> Do you have an interview or RFE? It is up to you - this is a personal decision. As your case is a bit complicated, I would suggest taking a lawyer, especially if you send letter from C.
Click to expand...

goodluck!

- ab
 
Whoaaaa!!! What A Relief!

Hey guys,

After a long wait (5 years)...my 485 got approved last friday (3/18/05). The interviewer is really nice although he asked me too many questions. In the end, he took my fingerprint and stamped my passport. Thanks for all your help guys...it's greatly appreciated!!!

I-140-RD 01-07-2002
I-140-RFE 03-22-2002
I-140-AD 05-09-2002
I-485-RD 09-03-2002
I 485 -ND 09-18-2002
First fp 11-06-2002
Second fp 08-21-2004
TD to Philly:10-14-2004
First Inquiry on I485 status - 12-27-2005
Second Inquiry on I485 status - 02-01-2005
Interview Notice for I485 - 02-08-2005
Interview Date for I485 - 03-18-05
Approval Date: 03-18-05
 
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