WAC-01-297-xxxxx - Finally a RFE , got a question

T

threeyearwait

Registered Users (C)
Hi,

Case : 01-297-51xxx

RD: 09/20/2001
ND: 09/27/2001
FP: March 2002

My online status says "Sent notice requesting additional evidence or information" , looks like an RFE
Questions:-

1) Where does the RFE go? to my Attorney or to my address?
2) I had been laid off in January 2003 and just got a job in January 2004 , phew.....finally after a year of unemployment...
If I get an RFE what are my options here?

3) Should I file for an AC21 now? or just wait for an RFE and respond to it?

Anyone with in similar situation?
suggestions?

Thanks
-Ravi.
 
threeyearwait, you got RFE according INS web site. By the way you have to be ready to answer how do you survive without job for one year (illegall employment?!)
 
I was in the same boat. RFE will go to lawyer. Let him take care of AC21 when he will respond to your RFE. In my RFE, they asked the reason why I was not with the same sponsoring employer. You have to write a letter(better drafted by your lawyer). No need to mention dates of unemployment but should have W2s for last 3 years if BCIS asks for it.
 
I have seen in this forum that people getting far less salary than stated in labor are getting approved. Your w2 should'nt be an issue.Since GC is based on a future job offer as long as you can get a letter from your employer stating that you will be provided salary as stated in labor and job description is same or similar you should be fine.
 
Question to give_GC_now...staycool...

If unemployed for almost one year that means out of status. Even though unemployed dates are not mentioned, w2 reflects it. How do you handle this situation?

Thanks,
+Sri
 
Re: Question to give_GC_now...staycool...

Originally posted by Sri4GC
If unemployed for almost one year that means out of status. Even though unemployed dates are not mentioned, w2 reflects it. How do you handle this situation?
Click to expand...

threeyearwait submitted his I-485 at 09/20/2001. It means he can do whatever he wants do to work or not work after this date, because he is in a proccess of ajustment of status.
 
Re: Question to give_GC_now...staycool...

Originally posted by Sri4GC
If unemployed for almost one year that means out of status. Even though unemployed dates are not mentioned, w2 reflects it. How do you handle this situation?
Click to expand...
Once an applicant applies for AOS, he/she becomes an adjustee and no longer needs to worry about status.

W2 as such has nothing to do with immigration. Even if asked for, shouldn't really matter.

threeyearwait,

No worries! You are in a good position, I would ask you to hold off a bit in replying to the RFE, usually you have enough time to collect 6 pay checks before you respond to your RFE, that should do the trick if asked for paystubs, and your new EVL should take care of prospective employment.

Unfortunate that you have to wait to reply to the RFE, but hey those are the breaks.

Good luck! Keep us posted!
 
Re: Question to give_GC_now...staycool...

Originally posted by Sri4GC
If unemployed for almost one year that means out of status. Even though unemployed dates are not mentioned, w2 reflects it. How do you handle this situation?

Thanks,
+Sri
Click to expand...
You can not hide the information written in W2. Let your W2 reflect that there is no need to specify it explicitly. Most important is that one should have job at the time of interview. BTW my current salary is higher than LC.
 
Lets say a person gets a job offer close to RFE response expiration time wont he be fine by just sending the EVL ? Iam not sure whats the INS position on this, but GC being based on future job offer the person does not even have to work with the company at the time of adjudication!!,but has to do so after GC is approved. Then not having a valid paystub at the time RFE is also not an issue! Am I wrong on this?
 
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