RFE on 485 asking Employment verification

[nik.patelc]

I recieved RFE on 485 asking Employment verification. Recently i have been laid off from big multinational company and my new job offer is through consultng firm.

Gurus, Any idea if i provide them information of new job (which is consulting) though my old labor and 140 applied for software engineer position , have any impact on 485 approval?

Has anyone gotten 485 approved through AC21 and new job is software engineer role but consulting?

I am too much worried since i have been here since 1997 and it almost 10 years stuck in GC journey....

Please advise. I am too much worried and really wanted to know if someone has successfully done AC21 where new job is in consulting firm

[Unsung_Hero]

Hey man...I was looking at your profile, and it says that I-485 was approved in June 2008. So how did you get an RFE now?

If that entry was a mistake, is the date you've given for 485 mailing date - 8/10/2007 - correct?


As for your question about the new consulting job, I am sure it will be fine, as long as the consulting company provides a letter stating what your job duties are, and as long as these job duties are similar to the job duties in your labor app.

[seekerofpeace]

You should be fine. Is this your first RFE? which center TSC or NSC?

SoP

[nik.patelc]

You should be fine. Is this your first RFE? which center TSC or NSC?

SoP

Sop , Thank you. This is my first RFE. NSC center. My 485 mailing date is 08/10/2007.

So far, There has not been anything such as out of status or without on payrol till April 1, 2009. So its safe to assume that new job with consulting firm is not much worry thing if my I 140 was approved with software engineer job in one of the multinational company.

I am planning to reply my RFE with new job offer with consulting firm.

[saileshdude]

Sop , Thank you. This is my first RFE. NSC center. My 485 mailing date is 08/10/2007.

So far, There has not been anything such as out of status or without on payrol till April 1, 2009. So its safe to assume that new job with consulting firm is not much worry thing if my I 140 was approved with software engineer job in one of the multinational company.

I am planning to reply my RFE with new job offer with consulting firm.

This may or may not be issue. Please check with your lawyer. Don't mean to scare you and in most cases you should be fine. But there are few corner cases and a lawyer's advice for those kind of cases will be helpful. It depends on a lot of things but one of the req of AC21 is that the job be a permanent offer and legit. Now its up to you to prove these things. Most IOs do not go deeper but some do. Things like ability to pay, consulting not considered perm job, legit job offer, are few things that they may try to dig up. They may try to dig up the fact that consulting company has some work for you and it is just not there to give you an offer based on

I have read few exceptional stories regarding this type of situation on these forums and so would suggest do some good research and also talk to your lawyer.

Also other members can also share their experience. Again don't mean to scare you but talk to a good lawyer about this.

[WeldonSprings]

Are you the Shailesh from Houston and exTamuk. Just querying.


This may or may not be issue. Please check with your lawyer. Don't mean to scare you and in most cases you should be fine. But there are few corner cases and a lawyer's advice for those kind of cases will be helpful. It depends on a lot of things but one of the req of AC21 is that the job be a permanent offer and legit. Now its up to you to prove these things. Most IOs do not go deeper but some do. Things like ability to pay, consulting not considered perm job, legit job offer, are few things that they may try to dig up. They may try to dig up the fact that consulting company has some work for you and it is just not there to give you an offer based on

I have read few exceptional stories regarding this type of situation on these forums and so would suggest do some good research and also talk to your lawyer.

Also other members can also share their experience. Again don't mean to scare you but talk to a good lawyer about this.

[pd_recapturing]

I recieved RFE on 485 asking Employment verification. Recently i have been laid off from big multinational company and my new job offer is through consultng firm.

Gurus, Any idea if i provide them information of new job (which is consulting) though my old labor and 140 applied for software engineer position , have any impact on 485 approval?

Has anyone gotten 485 approved through AC21 and new job is software engineer role but consulting?

I am too much worried since i have been here since 1997 and it almost 10 years stuck in GC journey....

Please advise. I am too much worried and really wanted to know if someone has successfully done AC21 where new job is in consulting firm
I don't think, you need to worry about this. One of my friends got similar rfe recently. He opened his own company and joined it on AC21. Last month, he got the GC. Only thing is that after leaving his GC sponsor company, he hired Murthy Law firm so I would suggest to hire a good attorney and you will be fine.

[nik.patelc]

I don't think, you need to worry about this. One of my friends got similar rfe recently. He opened his own company and joined it on AC21. Last month, he got the GC. Only thing is that after leaving his GC sponsor company, he hired Murthy Law firm so I would suggest to hire a good attorney and you will be fine.

pd_recapturing,
Thank you.

Text cut/paste from RFE notice:

"You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

Does above RFE mean that they are asking employment verification from my employer who just laid off me.

I am confused. should i reply with new job offer letter and AC 21 documents.

Any advise would be appreciated.

[nik.patelc]

Anyone knows/suggest very good lawyer to represent my case in chicagoland area?

[chanduv23]

pd_recapturing,
Thank you.

Text cut/paste from RFE notice:

"You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

Does above RFE mean that they are asking employment verification from my employer who just laid off me.

I am confused. should i reply with new job offer letter and AC 21 documents.

Any advise would be appreciated.

This is very normal EVL. Nothing difficult

[seekerofpeace]

PD_Recapturing,
Could you forward the details of your friend email or if he has a IV Id...there are a few of us trying or seeking the self employment route due to the current economy.....I'd need to check how Murthy can help out...

Thanks in advance

SoP

[nik.patelc]

This is very normal EVL. Nothing difficult

Since USCIS is asking for EVL (As below text) for my last employment who filed my GC and also laid off me recently 2 weeks ago. Should i just reply with new job offer? Should i write them about my lay off ... Gurus, Please advise. Also suggest me good lawyer who knows AC21 in chicagoland area.

USCIS RFE Notice:

"You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist

[razis123]

Guys/Gurus/Friends/Fellow IMVs, please comment on this. I have been with my GC sponsored desi company for 6 years now and have EAD from the July fiasco. My project is ending and I am planning to join an MNC and want to go and work in india for an year taking along with me an AP so i can return. I already had a 485 interview in Dec 08 and has submitted all docs like emp verfication etc at that time. DO you see a risk and is it really possible i can go for an year. Only reason i want to go is to stay close to my parents but at the same time dont want to jeopardize my GC.PD EB2 Apr-2006 India.

[hydboy77]

Nik,
Do you know what triggered you EVL rfe. IS it because your ex employer revoked your I140 or is it because your ex employer revoked your h1 or just random.

I am trying to figure out (seems impossible though) what triggers EVL. Seems like denial notces for 485 are triggered by I140 revocation by ex employer but what triggers Employment verification letter.

CAn somebody chime in with a response.

I recieved RFE on 485 asking Employment verification. Recently i have been laid off from big multinational company and my new job offer is through consultng firm.

Gurus, Any idea if i provide them information of new job (which is consulting) though my old labor and 140 applied for software engineer position , have any impact on 485 approval?

Has anyone gotten 485 approved through AC21 and new job is software engineer role but consulting?

I am too much worried since i have been here since 1997 and it almost 10 years stuck in GC journey....

Please advise. I am too much worried and really wanted to know if someone has successfully done AC21 where new job is in consulting firm

[chanduv23]

Nik,
Do you know what triggered you EVL rfe. IS it because your ex employer revoked your I140 or is it because your ex employer revoked your h1 or just random.

I am trying to figure out (seems impossible though) what triggers EVL. Seems like denial notces for 485 are triggered by I140 revocation by ex employer but what triggers Employment verification letter.

CAn somebody chime in with a response.

140 revocation can also trigger EVL. 140 revocation need not necessarily trigger denial. Sending a denial is done by the officer. Some say officer sends denial because he/she does not have knowledge of AC21, some say they do it because "they want to".

EVL rfe is the right thing to do.

[nik.patelc]

Nik,
Do you know what triggered you EVL rfe. IS it because your ex employer revoked your I140 or is it because your ex employer revoked your h1 or just random.

I am trying to figure out (seems impossible though) what triggers EVL. Seems like denial notces for 485 are triggered by I140 revocation by ex employer but what triggers Employment verification letter.

CAn somebody chime in with a response.

Hi, It seems that my lawery forgot to sign one of G28 form and that triggers whole thing...
In addition to G28 signature RFE, they requested me to provide EVL. Now I am laid off and these day its not easy to find a new job in 20 days. I dont have any new job offer to reply.
I am screwed big time. After being in GC queue for 10 years, I feel helpless.
Anyone can help me in this matter . My employer has not revoked I 140 .

What are my options?

[thomachan72]

Hi, It seems that my lawery forgot to sign one of G28 form and that triggers whole thing...
In addition to G28 signature RFE, they requested me to provide EVL. Now I am laid off and these day its not easy to find a new job in 20 days. I dont have any new job offer to reply.
I am screwed big time. After being in GC queue for 10 years, I feel helpless.
Anyone can help me in this matter . My employer has not revoked I 140 .

What are my options?

Previously you mentioned that you had a job through a consulting company and now you say you are laid off. were you laid of today? Anyway really sorry to hear about your status. Hope things work out. Please try to contact an attorney like rajeeve or somebody else. Most of them (for eg:- murthy) are very very expensive. Murthy is like $250 per 20 minutes or so.

[nik.patelc]

Previously you mentioned that you had a job through a consulting company and now you say you are laid off. were you laid of today? Anyway really sorry to hear about your status. Hope things work out. Please try to contact an attorney like rajeeve or somebody else. Most of them (for eg:- murthy) are very very expensive. Murthy is like $250 per 20 minutes or so.

Hi, I m not making anything fake here but victim of ....
I was laid off recently 2 weeks ago, and got RFE about EVL. I was promised by someone about consulting job at big client and now that person saying client is not interested. So now i stuck and need to find a new job offer before RFE deadline May 7th.

Just wanted know any idea or suggestion , what are my options?

Should i just not to reply RFE? Let them make decision based on record. Another, If someone provide me letter "Intend to hire" in near future, Will that work in RFE reply?
Do i need to have actual job offer letter with starting date?

[chanduv23]

Hi, I m not making anything fake here but victim of ....
I was laid off recently 2 weeks ago, and got RFE about EVL. I was promised by someone about consulting job at big client and now that person saying client is not interested. So now i stuck and need to find a new job offer before RFE deadline May 7th.

Just wanted know any idea or suggestion , what are my options?

Should i just not to reply RFE? Let them make decision based on record. Another, If someone provide me letter "Intend to hire" in near future, Will that work in RFE reply?
Do i need to have actual job offer letter with starting date?

Talk to an Attorney they will be able to guide you through this.

[thomachan72]

Hi, I m not making anything fake here but victim of ....
I was laid off recently 2 weeks ago, and got RFE about EVL. I was promised by someone about consulting job at big client and now that person saying client is not interested. So now i stuck and need to find a new job offer before RFE deadline May 7th.

Just wanted know any idea or suggestion , what are my options?

Should i just not to reply RFE? Let them make decision based on record. Another, If someone provide me letter "Intend to hire" in near future, Will that work in RFE reply?
Do i need to have actual job offer letter with starting date?

No problem, I was just clarifying. Your PD is October 04 that is very close to the current PD. Hope things work out for you. You will certainly have to provide an offer letter. I suspect this might have occured since your company layoff might have been noticed by the USCIS. However, since 180 days have elapsed since your 485 filing, you might be able to get another job and show that offer letter. Hope you find something soon.

[nonimmi]

I was laid off recently 2 weeks ago, and got RFE about EVL. I was promised by someone about consulting job at big client and now that person saying client is not interested. So now i stuck and need to find a new job offer before RFE deadline May 7th.
Just wanted know any idea or suggestion , what are my options?


This is really a big issue. Earlier with EAD one could wait and find a new job and had enough time. If they send RFE so fast immediately after getting laid-off and ask to reply within a month that is really not good. In current situation getting job within a month or weeks not that easy. I'm not sure self-employment option can help in this case. AC21 allows self employment, I believe.

[crazyghoda]

This is exactly what I posted in another thread. USCIS must have figured out a way to get data of current FICA payments from the SSA. If more than 2 paycycles go and there has been no FICA payment to the SSA, USCIS will assume that the person has been laid off and issue an RFE for employment verification. The way they figure is this is the time we can (deny and) close out another case thus reducing the GC backlog.

I'd recommend that everyone who senses that his/her job is in danger start looking around and keeping options open. I was completely blindsighted by my layoff coz my manager had reassured me that I am fine and they needed my skills even though I had hit the bench. I came to know of my layoff while on vacation in India. Luckily I was able to find a job in 2 months just in time to respond to the RFE.

This is really a big issue. Earlier with EAD one could wait and find a new job and had enough time. If they send RFE so fast immediately after getting laid-off and ask to reply within a month that is really not good. In current situation getting job within a month or weeks not that easy. I'm not sure self-employment option can help in this case. AC21 allows self employment, I believe.

[chanduv23]

This is exactly what I posted in another thread. USCIS must have figured out a way to get data of current FICA payments from the SSA. If more than 2 paycycles go and there has been no FICA payment to the SSA, USCIS will assume that the person has been laid off and issue an RFE for employment verification. The way they figure is this is the time we can (deny and) close out another case thus reducing the GC backlog.

I'd recommend that everyone who senses that his/her job is in danger start looking around and keeping options open. I was completely blindsighted by my layoff coz my manager had reassured me that I am fine and they needed my skills even though I had hit the bench. I came to know of my layoff while on vacation in India. Luckily I was able to find a job in 2 months just in time to respond to the RFE.

There is no way they can find out if you are layed off unless your employer expliciitly sends a letter to USCIS or you tell them.
RFEs are quite random and could be triggered for various reasons.
As there is pressure to reduce backlog and hence we see such actions from USCIS.

On another note, people are also applying for unemployment benefits as it is hard for people to sustain without a job for so many months.

It has indeed become a struggle now for everyone.

[anda007]

I am on EB3-I with PD Nov 2003
Never been laid off since my company has applied for the GC
I received the same RFE letter from USCIS

What does this mean .. Why are they looking into a Nov 2003 PD now ..
Does that mean something good or bad .. ?

[qasleuth]

This is exactly what I posted in another thread. USCIS must have figured out a way to get data of current FICA payments from the SSA. If more than 2 paycycles go and there has been no FICA payment to the SSA, USCIS will assume that the person has been laid off and issue an RFE for employment verification. The way they figure is this is the time we can (deny and) close out another case thus reducing the GC backlog.

And I posted in the other thread saying it is not possible. It is illegal for IRS to release individual information without proper authorization. There is no 'figuring out' involved.

http://www.irs.gov/govt/fslg/article...158487,00.html