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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 04-14-2009, 03:42 PM
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nik.patelc has a spectacular aura about nik.patelc has a spectacular aura about
Default RFE on 485 asking Employment verification

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
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  #2 (permalink)  
Old 04-14-2009, 04:35 PM
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Default What is your 485 status, exactly?

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.
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  #3 (permalink)  
Old 04-14-2009, 04:42 PM
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Default

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

SoP
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  #4 (permalink)  
Old 04-14-2009, 05:35 PM
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Default AC21 consulting job?

Quote:
Originally Posted by seekerofpeace View Post
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.
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  #5 (permalink)  
Old 04-14-2009, 05:48 PM
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Default

Quote:
Originally Posted by nik.patelc View Post
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.
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  #6 (permalink)  
Old 04-14-2009, 07:37 PM
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Default Shailesh

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


Quote:
Originally Posted by saileshdude View Post
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.
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  #7 (permalink)  
Old 04-14-2009, 09:41 PM
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Default

Quote:
Originally Posted by nik.patelc View Post
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.
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  #8 (permalink)  
Old 04-14-2009, 11:23 PM
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Default RFE on 485 employment verification..

Quote:
Originally Posted by pd_recapturing View Post
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.
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  #9 (permalink)  
Old 04-14-2009, 11:26 PM
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nik.patelc has a spectacular aura about nik.patelc has a spectacular aura about
Default Good lawery for RFE on 485 in chicago area?

Anyone knows/suggest very good lawyer to represent my case in chicagoland area?
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  #10 (permalink)  
Old 04-14-2009, 11:34 PM
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Quote:
Originally Posted by nik.patelc View Post
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
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  #11 (permalink)  
Old 04-14-2009, 11:35 PM
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Default

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
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  #12 (permalink)  
Old 04-15-2009, 12:05 PM
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nik.patelc has a spectacular aura about nik.patelc has a spectacular aura about
Default What should i reply to RFE?

Quote:
Originally Posted by chanduv23 View Post
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
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  #13 (permalink)  
Old 04-15-2009, 12:33 PM
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Default Joining MNC and moving to India

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.
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  #14 (permalink)  
Old 04-15-2009, 02:16 PM
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Default What triggers an Employement verification letter (EVL) RFE on 485

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.

Quote:
Originally Posted by nik.patelc View Post
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
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  #15 (permalink)  
Old 04-15-2009, 02:21 PM
Senior Member
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Default

Quote:
Originally Posted by hydboy77 View Post
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.
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