Using AC21, Upon RFE, Will INS check the financial status of 2nd employer

B

buckmaster

Registered Users (C)
If got laid off 180 days after I-485 RD, and using AC21, but the 2nd employer is pretty small, and only has a couple of employees.

Upon RFE,
1) Will INS check on the financial status of the 2nd employee?

2)What documents should I send to INS, just the employment letter from the 2nd employee? Or the lastest paystub is also a must?

Your help will be highly appreciated!
 
I received this response when I sent this question Mr. Khanna.

Q3. Is the company offering the new job required to have been in business for a defined period of time and is it possible that the BCIS may question the financial health of the company?
A3. BCIS can question the financial health.
 
But I guess the real question is whether the company's financial health matters?

AC21 doesn't mention anything about the new company's financial health. It just says offer "similar" job. So as long as this requirement is met, can BCIS deny the I485 case if the financial status of the company is not very good? (think about a start-up company.)
 
Will INS check on the financial status of the 2nd employee?
Nothing stops INS from doing so.They may or may not also.

What documents should I send to INS, just the employment letter from the 2nd employee? Or the lastest paystub is also a must?
Employment letter only with a copy of AC21 telling INS that you are using AC21.
 
AC21: Financial Health matters

I am NOT sure but provide more information when I meet my lawyer on Monday,

I am scheduled for an I-485 interview and received a form called "Affidavit of Support". It requires the sponsor not be a public charge and have a salary at least 115 % of poverty line.

In addition to that, the old Petitioner is REQUIRED to appear at the interview. But I switched to a similar job so why are they asking for the old petitioner. Obviously INS doesn't know I changed jobs in the same category (but with 50 % less salary).

Somebody told me that even my financial health matters.. So I am going to check this with a lawyer.


But on Murthy.com, Murthy mentioned that I ONLY should receive a salary above the poverty line ($27,000 for a family of 4) to avoid being a public charge. This is very helpful information but still I want to obtain a 2nd opinion about the financial health of the sponsor and myself from a different source in order to verify this.

Besides, I am required to bring the tax forms of my sponsoring company.

Hope this is helpful in anyway.

Thanks
 
Fin health matters

I asked a lawyer and found out it matters that the company is in good financial health.

Also, the lawyer said the applicant must be in good financial health above the poverty line which is less than $15,000 for a single person. A report of the taxes for the last 3 years can be requested by mail.

The job should be FT and in a similar field.
 
what about "old Petitioner is REQUIRED to appear at the interview"
what your lawyer replied ,do they need the old Petitioner at the time of your interview?
this is the first time I am reading that in AC21 case at the time of Interview old Petitioner is required.
 
Employment Letter (AC 21) - RFE

Hi,

Is there anyway you can mail me or post the Employment letter you had mailed out to INS in response to the RFE you received after you changed the company after 180days of 485 (AC 21). please send it to graopv@yahoo.com

I have also received an RFE after I changed company after 180 days of applying 485 and I did not inform INS earlier.

Would very sincerely appreciate your help
Thanks a lot
GPV
 
Cligman,

>>Also, the lawyer said the applicant must be in good financial health above the poverty line which is less than $15,000 for a single person.

$ 15,000 salary or bank balance or ?
 
There have been many discussions going on about the minimum salary to satisfy requirements for I-485. I have seen quotes that seem to indicate as long as long as the salary is above "poverty line" it is OK. I am not a lawyer but this sounds ridiculous. Employment based green card is based on the premise that the immigrant will perform duties for which there are no American workers available. Also the salary to be paid to the immigrant should be higher that the prevailing wage. That is the whole point of Labor Certification. If that is the case, how can an employer promise say $80K salary and BCIS require only 15K for approving green card?
 
Everyone has their own interpretation about AC21. But let's wait for INS regulation for AC21, it is expected sometime this September.
 
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