urgent: RFE on job letter and laid off before 180 days

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waitingGC2002

Registered Users (C)
Hi Please give me some advice on this issue (besides hiring a competent lawyer. :p)

I was laid off two months after I-485 was filed and have been working for a new employer since. And now I received a RFE from INS stating:

"Submit an original letter on company letterhead from your prospective
employer who filed Form I-140/I-360 on your behalf stating their continued interest in hiring you, duties to be performed, and remuneration"

Since I was laid off, the lawyer from previous company told me explicitly that they will not provide this letter. How should I respond to this RFE ? Will the employment letter from my new employer work? Thanks a lot.
 
what is date of filing of your 485?

If it passed 180 days the date filed your 485, you are on safe boat
 
No Title

If you got an RFE after 180 days then you are OK. Get your attorney tosend the employment letter of the new employer and write that you are using AC21 regulation.
 
Shall I hire a lawyer?

Thank you for your prompt reply, abyss1 and Baba Yaga -

My current employer does not have a company lawyer - and my old employer\'s lawyer of course will not represent me any more.

I could technicalLY write this letter myself, (I actually have a copy of similar letter written by a lawyer) explaining AC21 regulation and provide them with a new employment letter signed by my new employer. However, I am not sure if I should hire a lawyer to do so - so INS will take it more seriously: call me paranoid since I\'ve been waiting since Sept 99 for it... :-(

Sigh - I do not want to incur local transfer, but who knows how INS will treat this case if I do not hire a lawyer?

Thanks.
 
well if you want just talk to this lawyer

he may help you 202-628-9250, explain your situation
 
No Title

You should hire a lawyer to represent your case. That is not very difficult. Contact a good immigration lawyer and they will help you. Don\'t worry.

Best wishes
Raj
 
I am in the same boat

Hi there...
I am in the similar situation, ie., I got laid off after filing I485 and currently working for different employer. After researching all the sites, I gathered that if 180 days have passed since RD, you are safe. I would definitely suggest to hire a lawyer to represent you.

Also I will greatly appreciate if you can tell me how your case progresses. My email address is smadadi@hotmail.com

Good luck..
 
my take on this.

you should technically be OK because.
1. 180 days have passed (i\'m assuming this) between your receipt date and RFE and so your I485 hasn\'t been adjudicated for 180 days.
2. the first employer laid you off, you did not change empoloyers of your own accord. So there is no fraudulent intent on your part as far as not working for the first employer was concerned.

You should definitely consult a good Immigration lawyer with lots of experience.
 
180 Days

I think you are fine....

As you said you were laidOff after two months of filing of I-485 and then you joined new company and it seems in this process you must have crossed 3 months.

And now you have RFE....I think you can reply within 90 days to RFE so your 180 days is over, so you can take a letter from your new employer that you are working in the similar category.

but for this you\'ll have to talk to some good lawyer, I would suggest first talk to JIM Mills as he\'s quite active in this forum.

Best of Luck....
 
Thanks - will keep you updated

Thank you everyone for your reply. I will definitely keep you updated about the progress of my case.
Case details: RD 5/9/2001, ND 7/26/2001, EB2, no family member on this case. (It would be a very straight-forward case had I not been laid off before 180 days.) RFE issued on 3/14/2002. I will hire a lawyer from DC area to represent me. (most likely Murthy firm)
Special thanks to Attorney Jim Mills - thanks for taking time to answer my questions: I hope the officer sitting on my file is not transfered from CSC, and he/she will intepret AC21 liberally. :)
 
WaitingGC2002, I am also in same boat

Hi WaitingGC2002,

I am also in same boat, RD 08/20/2002, ND 10/15/2002. Joined another company after 2 months and the company that filed I-140 & 1-485 laid me off in Dec. Then the previous attorney notified me that he/she no longer represent my case. So hired Sheela Murthy.

Wish you good luck.
 
Hickory and WaitingGC2002 I am in the same boat, please keep in touch

My company closed down 2 month after I filed 485.
I am shopping for a good immigration attorney, including Sheela Murthy. Hickory can you pls give me your email (you can reach me at fzhao02@yahoo.com), I have some question I\'d like to ask in private.

Thanks a lot!
 
There is a case very nearly similar to yours

That person was lucky. He got no RFE , his case was approved and also got his approval notice.

But during the entire wait period he was totally under pressure.
 
Hickory and WaitingGC2002 and TomG

I am in the similar situation as yours. Which lawyer is good to hire for this kind of case? Someone who\'s already done cases like this.
 
murthy\'s chat last night

I am also in the same boat, please keep this threat alive

BTW, has anybody checked out murthy\'s chart last night? is it just me, I noticed she changed her position on this subject a little bit
 
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