Urgent! Please help AC21 RFE

G

gbm485

Registered Users (C)
My RFE is asking for 3 years financial report or tax returns from my petitioner, I guess it means my previous employer. But they refused to provide these information since I am not with them anymore. However, my current employer can provide these documents and also strong letter to verify my current position and salary. My question is how would that help? Also, since I took an unpaid leave on absence from 12/2002 to 6/2003. I dont have w-2 for the first half year of 2003. But I have w-2 from the new employer. What is the risk?

Thanks for any inputs!!!

My history is:
8/2002 140 approved
9/2002 485 RD/ND
1st FP 10/2002
To avoid layoff I took an unpaid leave on absence from 1/2003 to 5/2003. Join the new company in 6/2003 with same job title and 10% more salary.
2nd FP 5/2004.
RFE 5/2004
 
gbm485 said:
My RFE is asking for 3 years financial report or tax returns from my petitioner,
-----provide it
I guess it means my previous employer. But they refused to provide these information since I am not with them anymore. However, my current employer can provide these documents and also strong letter to verify my current position and salary.
Provide it from current employer if you are using AC21
My question is how would that help? Also, since I took an unpaid leave on absence from 12/2002 to 6/2003. I dont have w-2 for the first half year of 2003.
But I have w-2 from the new employer.
-----that is OK
What is the risk?
---- I hope you never updated USCIS that you are using AC21, provide what is asked from new employer and send also your Intent change and AC21 letter, so that USCIS knows that you are working with new employer it will be good if you also attach copy of 3-4 recent pay stubs from new employer
Thanks for any inputs!!!

My history is:
8/2002 140 approved
9/2002 485 RD/ND
1st FP 10/2002
To avoid layoff I took an unpaid leave on absence from 1/2003 to 5/2003. Join the new company in 6/2003 with same job title and 10% more salary.
2nd FP 5/2004.
RFE 5/2004
Click to expand...
 
Thanks Ginnu for providing the userful information!!!

I talked to my lawyer today and I got confused about a couple of issues.

1. The lawyer mentioned that I have to be employed and paid by my previous employer before 180 days. Obviously I can not meet the requirement if I can not provide evidence of 2003 W2 from the previous empoyer. What is the risk of providing new empoyer's w2 only? Any other work around?

2. The lawyer also mentioned that INS will only look at the financial documents from previous employer and it doens help much if providing the documents from new employer. The reason is that the old employer is the sponsor for the LC and 140 not the new employer. Is this true?

Thanks again!
 
gbm485 said:
Thanks Ginnu for providing the userful information!!!

I talked to my lawyer today and I got confused about a couple of issues.

1. The lawyer mentioned that I have to be employed and paid by my previous employer before 180 days.
---- your lawyer is wrong, GC is for future job, employer can file GC for a person whois NOT working with him. as you are using AC21 you need to provide the documents from new employer. read the AC21 Memo again
Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
Obviously I can not meet the requirement if I can not provide evidence of 2003 W2 from the previous empoyer. What is the risk of providing new empoyer's w2 only? Any other work around?
----- provide the W-2 from new employer
2. The lawyer also mentioned that INS will only look at the financial documents from previous employer and it doens help much if providing the documents from new employer.
----- that is wrong, the new employer is going to offer you permanent future job, they only want to see his documents if he is able to pay you after GC approval. I am sorry to say you have bad lawyer.
The reason is that the old employer is the sponsor for the LC and 140 not the new employer. Is this true?
------- Read AC21 memo and remember GC is going to be approved for you for new Employers future permanent job offer as you are using AC21.
Thanks again!
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