Very tricky scene- Gurus Pls help

A

AllForGC

Registered Users (C)
I am a feb 02 case. Received an rfe on 3/29. I am probably going to be laid off by mid april(did'nt know till today). I asked my lawyer and she hasnt received the rfe yet. What is the scene for me now? the rfe goes to lawyer and if I am laid off , will the lawyer give me back my rfe notice and ask me to take care or they wont return it to me. Has anybody in same situaion ? what would be my options?

Gurus pls help. I m scared as I havent started looking for job and I beleive i will have only 2 months to respond to rfe.

Pls help. Thanx
 
AllForGC

Withholding RFE from you amounts to denying potential immigration benefits from you, which is illegal under immigration laws. How can you enjoy benefits under AC21 law if you have the ability to produce letter from a new employer and your current lawyer witholds RFE from you. So, tell the lawyer to fax a copy of the RFE to you rightaway. If the lawyer refuses, hire another lawyer immediately and tell your problem. They know how to force these lawyers to disclose the information on the RFE.You got to move fast on this one. When you said 03/29, was that the date when the INS website says that it mailed the RFE? Clarify that here.

Coming to the employment problem, you got only two options here. Try convincing your current employer to provide such a letter as a favour for the employment relationship you had all these days. Tell them it won't hurt them by issuing one. If it doesn't work, then you got to try find a new employer who will be willing to provide such a letter before the RFE deadline expires. Good luck.
 
Agree with gcard2002. The lawyer is BOUND to give you ALL the documents related to your 485, including the RFE. It does not matters whether he is being paid by your company or yourself - he is YOUR lawyer for 485, as 485 is YOUR application and your company has nothing to do with it. In worst case, if (s)he refuses to cooperate, threaten to report it to the ethics committee and (s)he may be debarred from practicing law again ever!

Get a new job asap! That is the best way out.

goodluck!

-ab
 
here is another option:

You can hire a new lawyer in send in the lawyer chage form for your I485 appliucation (Guess it isG32 form) your new lawyer will have that after you submit that change all the correspondence will go the new lawyer.......so you should be fine. Try to find a new JOB ASAP.
 
Start looking for a new job .. NOW

As others have said, start looking for a new job NOW. You have 87 days to respond to the RFE, and you need to get the new job before that. If it is employment related (which is what usually happens these days) - you have to produce the employment letter from your new employer with the title, responsibilities and wages (typically). It would also be an AC21
case - however that should not be an issue, since many people
have changed jobs and got their GCs.

Take care.

starbucks
 
Thanx to all you guys for your valuable suggestions. I will keep you guys posted the happening for my case. I am in a Mainframe area and I have started looking for. Any of you have any idea about any openings in this area , pls post and help me out.
 
Sorry gcard2002 forgot to answer your queston. My RFE says

" On 03/29 we requested bla bla..............................."

So the rfe is generated on 3/29, I believe.

Thanx
 
If you have vacations left, take the vacations now -- during the time of vacations they can't lay you off and will do so once you are off the vacation. During this time you will be on the pay roll and ask the lawyer to respond back to the RFE as soon as possible.
 
Hi,

A few points of clarification:

You can be laid of during a vacation or medical leave. Happened at one of my employers (luckily I was not impacted). If you job is eliminated, you can even be laid off while on maternity. Companies typically avoid the latter situation to prevent lawsuits, but there is no law that proscribes it.

As far as the RFE response is concnered, you must look at the wording. Mine asked for terms and conditions for future employment. The company responded that I would continue to be employed permanently during the application process and after my I485 was approved. If you are about to be laid off, your company may not issue such a statement.

good luck and do keep us posted
sadiq
 
This week I am going to contact my lawyer regarding the RFE. I will post you guys what does they say about my situation. If they are willing to respond no need to worry right ????....but if no then I will ask them to send the rfe to me and i will take care from there.

what say gurus?
 
This week I am going to contact my lawyer regarding the RFE. I will post you guys what does they say about my situation. If they are willing to respond no need to worry right ????....but if no then I will ask them to send the rfe to me and i will take care from there.

what say gurus?
 
Wait until you see the RFE. Meanwhile if you are about to get laid off ask your employer or your immediate supervisor to write you a employment letter as a proof of current employment. This will be quite generic letter mentioned who you are, what is your position, duties and how long you have been working. If possible have it addressed to the immigration office.... Nebraska. At least this is you legal proof of employment if you want to respond to RFE on your own.
If i understand correctly, You have already passed more than two years on I-495.(3-02). You don't have to have job immediately as mentioned earlier but it is good to avoid any problems. You are on employment based so you have to find job but not having job for time being(short time) does not constitute you as out of status.
But wait and see what is RFE all about. As as per as lawyer is considered he will sure provide you with RFE and also help you to respond as his duties are associated with immigration of person not to company. Maximum he may ask for some fee to respond to RFE.
 
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