what should I do?

K

Kanadian

Registered Users (C)
RFE related discussion

if I have choice to respond to RFE for EVL should I provide my current empolyer letter to should I get letter from my previous employer (who orignally sponserd my green card application) I can get letter from either one.

I used AC 21 and moved to another employer who is currently having office in Chicago and my place of work is in DC. my previous employer is in Wisconsin.

my attorney said if we submit your previous employer letter you have to work for them for a while....my question is how long? he doesnt have an answer.

what do you guys think what the best thing for me....the new employer strength I dont know but my previous employer is financially smooth. the new employer is not very big I actually dont know anything about them they are dasi, they say one thing and truth is something else. but they are paying me regularly so seems like they have strong financial ground.

I am just confuse what to do. my old employer agree to give me letter as well as new employer. I am working for current employer for last 7 months and I worked for my previous employer 2 years.

any suggestion????
 
Last edited by a moderator:
You are the best judge...

If you have used AC21 , you are no longer working for previous employer. Get letters from Present Employer.

If you have merely changed the job (didn't inform INS). Now Inform them regarding this and give letter from present employer. (salary should match with Labor of GC).

Or if you just want to rovide company's financial position (didn't inform INS for job change) , previous will do.

Good Luck Buddy.
 
Lakshya said:
If you have used AC21 , you are no longer working for previous employer. Get letters from Present Employer.

If you have merely changed the job (didn't inform INS). Now Inform them regarding this and give letter from present employer. (salary should match with Labor of GC).

Or if you just want to rovide company's financial position (didn't inform INS for job change) , previous will do.

Good Luck Buddy.
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Thank you so much...salary is out of question coz I am making more then double what is in my labour. so I should listen to you and my attorney and use new company as a current source. I will do that. thanks again

Still waiting for snail mail for RFE
 
unitednations said:
To prevent a second RFE if you invoke AC21, try to send some recent paystubs (2 to 3 months worth) to prove that you are getting paid somehwere near the labor certification wage.

It is not required but I've seen people who have invoked ac21 prior to getting an RFE and they still got an RFE for paystubs and/or new company tax returns.
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Thank you, I am planning to do exactly as you said, I am sending paystub but what was missing from my list is company tax return so I will do that..thank you so much....I am so nervous for RFE...still waiting
 
unitednations said:
don't worry. i've been on these boards for a while and just about everyone gets approved at this stage.

biggest issue is if you are not getting paid at least the labor wage and the company you are working for doesn't have ability to pay.

relax, you will get approved.
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How to check current company's ability to pay...they are paying for 7 months
I am making 130 and my labour is aproved for 65K so are they going to raise issue on this they how come I am getting too much or if this employer is going to pay me this much even after approval? just cant relax in life i guess
 
unitednations said:
If job description is same as labor, that is the main hurdle.

Ability to pay from the company point of view is not an issue for you as you are getting paid more then labor wage.

Relax, I was getting paid substantially more then my labor wage even when I filed my 140/485. The tax returns when I submitted the 140/485 - I had $90K more then the labor.
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Oh you think I should submit my tax returns not the company? thanks for the reply
 
Hi Kanadian/Unitednations,

If the compnay has been paying u for say atleast 6 months continuosly, is that considered a proof for ability to pay ? Will tax returns of the company also be needed ? In my case i got EVL. I have submitted the EVL with salary and duties and attached a couple of months paystubs as well . Your comments are appreciated.

Cheers

Tanjar
 
unitednations said:
You don't need to send any more then what the RFE asks for.

However, I have seen cases where another RFE is issued when a person used ac21 and they want to see ability to pay for the new company. This is where people didn't send in any recent paystubs when they proactively sent in ac21 documentation before they received an RFE.

I shouldn't have introduced this topic as it will get more people nervous.

EVL is enough, if you send in paystubs for the last couple of months you will be fine. Very rarely will they want to see company tax returns at this stage.
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Thank you for your response. Have yourself a good one.
 
Kanadian,

In one of the posts you have written that the RFE is for EVL but you are still waiting for snail mail RFE. How did you check what the RFE is for before getting the RFE notice? Did you call up and check or are you just guessing?

I need to know what my RFE is for (its still in mail) so that I can respond asap as PD is a factor for me from next year. I would really appreciate your response.

thanks
 
Kanadian,
I have the same question for you.
How did you know what your rfe is without receiving it in the snail mail.
 
ipcomUser said:
Kanadian,

In one of the posts you have written that the RFE is for EVL but you are still waiting for snail mail RFE. How did you check what the RFE is for before getting the RFE notice? Did you call up and check or are you just guessing?

I need to know what my RFE is for (its still in mail) so that I can respond asap as PD is a factor for me from next year. I would really appreciate your response.

thanks
Click to expand...

I just assumed, and was trying to get answer from you folks before I get rfe. its still in snail mail
 
Hi Kandian,

Spoke to my attorney (at last ) and he said i need to submit EVL from new employer only. He said in addition just to avoid any other question add a few pay stubs (6 months if i have all of them , else atleast for the last 3 months ). This is consistent with what our beloved online attorney unitednations has advised .Since i am working with my current employer since July 03 he advised i also include my w2 from 2003 and tax returns as well. This will also show them he has paid me for over a year and half consistently. This will reinforce the case in case the officer decides to be a little more nosy.

Cheers

Tanjar
 
tanjar said:
Hi Kandian,

Spoke to my attorney (at last ) and he said i need to submit EVL from new employer only. He said in addition just to avoid any other question add a few pay stubs (6 months if i have all of them , else atleast for the last 3 months ). This is consistent with what our beloved online attorney unitednations has advised .Since i am working with my current employer since July 03 he advised i also include my w2 from 2003 and tax returns as well. This will also show them he has paid me for over a year and half consistently. This will reinforce the case in case the officer decides to be a little more nosy.

Cheers

Tanjar
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how long it took you to receive rfe in mail?
 
Hi Kanadian,

My RFE was issued on 23rd Nov from TSC. Attorney of mine changed his law firm and all the mails landed in his old address. Finally after hounding him for 2 weeks he finally said they received the RFE on the 11th Dec (sat). The paralegal scanned the RFE and sent it to me. On the RFE i saw that the RFE Was generated only on the 29th thought the online message changed on 23rd. In case your attorney has not changed his address u should see something by Mod/Tue next week. Also if possible get the ball rolling and get your EVL,photopy all your available paystubs, etc and keep docs ready .Keep us updated.

Cheers

Tanjar
 
tanjar said:
Hi Kanadian,

My RFE was issued on 23rd Nov from TSC. Attorney of mine changed his law firm and all the mails landed in his old address. Finally after hounding him for 2 weeks he finally said they received the RFE on the 11th Dec (sat). The paralegal scanned the RFE and sent it to me. On the RFE i saw that the RFE Was generated only on the 29th thought the online message changed on 23rd. In case your attorney has not changed his address u should see something by Mod/Tue next week. Also if possible get the ball rolling and get your EVL,photopy all your available paystubs, etc and keep docs ready .Keep us updated.

Cheers

Tanjar
Click to expand...

Thank you for the update and I will update you guys as soon as I get rfe.
 
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