Sylvia Ottemoeller

"Ingo Pakleppa" wrote in message
news[email protected]...

    > On Tue, 13 May 2003 22:07:46 +0000, psmanish wrote:

[snip]

    > > Well assuming I am out of US & I have given a local contact address of
    > > my brother for any correspondence. Then if green card process
    > > coutinous and if it gets approved then how will I get my green card as I
    > > am out of US.
    > The legal situation is that in this case, the I-485 is deemed to have been
    > approved the day you return using an H-1B or A/P.

Neither H-1B nor advance parole can properly be used to enter the U.S. after
the I-485 has been approved. The person is not eligible to enter by either
method.

I'm not sure about this, but I believe that ultimately, the I-485 approval
date is the date that the person obtained permanent resident status, even if
the person is outside the U.S. I may be wrong about this.

[snip]

    > > Is that I have to enter to the US either via A/P or via new H1B to get
    > > my green card. OR If my brother mails me the green card I can just like
    > > that enter US with green card without having any h1b or a/p.

The "green card" (actually Permanent Resident card) will not come in the
mail at that time, only the I-485 approval notice. The PR card will be
issued only after the person has submitted a fingerprint and signature on a
white card, and BCIS or BCBP has completed Form I-89, an internal form which
orders the PR card.

    > Your brother wouldn't get the Green Card, but rather an approval notice.
    > You need to take this approval notice to a local BCIS office in the US to
    > actually get your Green Card stamp. Until you do that, the approval notice
    > is just a piece of paper and is meaningless at the airport.
    > In practical terms, you COULD try one thing, but this is extremely risky:
    > travel to the US anyway and ask to be not admitted but paroled into the US
    > in order to get the I-485 approval taken care of. Also, the BCIS officer
    > can waive the requirement for a visa at the airport, although there will
    > be a fine involved for you, and possibly also for the airline.
    > The main risks are that this likely will not work, and also that it draws
    > attention and scrutiny to any possible problem in your case.

http://www.immigrationlinks.com/news/news014.htm gives the proper procedure,
under "How Does the Approval of an Application for Adjustment of Status
During the Alien's Absence from the United States Affect His or Her
Readmission? The person will be granted deferred inspection, and he will
then go to the BCIS district office as mentioned above.

I don't believe there will be a fine, or any particular risk.

juz4forums

Hi Ingo Pakleppa , Sylvia Ottemoeller & Manish:

Thanks for your email responses. I think it was very usefull to me.

Well now what happened is that BCIS have asked for an RFE for my pending AOS case as discribed previously. Just to recap so far what happened is "I applied for final stage i.e. I-485 back in June of 2001 via a employer X. After that I got my EAD, ADP. As my very first ADP got expired. I renewed the ADP and got new ADP which is valid untill april of 2004 I guess. Similarly I applied for renewal of EAD as my very first EAD got expired. Now my case says that they have approved my EAD and once the card is printed shall send it to me. I went for FP in oct of 2002. Well now I am no more with the employer X & I am employed with a new employer Y as of now."

I got a call from my lawyer saying, that during process of my AOS case, BCIS have RFE and have asked the following...

1) verification letter from my current employer
2) recent pay stub
3) last three year tax returns.

Since I am not with employer X who filed my case and I can get letter from employer Y only/paystub. Will that make any difference to BCIS. But the case is passed like more than 15 months from the date I applied for final stage of 485. What will be the consequences in mycase if I am sending as said from my current employer Y.

I would like why is BCIS asking? What BCIS is suppose to do after getting this RFE? Does it mean they are likely to give approval OR anything else? If they are likely to approve what is the next thing I am suppose to expect from BCIS once they receive the RFE and how long it can be.

Please let me know your suggestions..

juz4forums

--------------------------------------------------------------------------------
----- YES, if you have valid H1 status and valid H1b visa stamp in your passport then you can enter on H1B, if H1b is expiring your employer can file for H1 extension and then you can get new H1B Visa stamp in your passport after you get H1b status extension approval from BCIS
OR If my brother mails me the green card I can just like that enter US with green card without having any h1b or a/p.
--- You have to visit local BCIS office to get GC stamp in your passport at that time they may ask for W-2, tax papers, Employer letter, recent pay stubs, may have to take new medicals if expired [/QUOTE]
--------------------------------------------------------------------------------

Hey Manish:

You said that we have to visit local BCIS to get GC stamped in passport with the docs as you said like w2,paystub.. etc..

Well what happened now is that my lawyer said that during process of my AOS case, BCIS have RFE and have asked the following...

1) verification letter from my current employer
2) recent pay stub
3) last three year tax returns.

Since I am not with employer X who filed my case and I can get letter from employer Y only/paystub. Will that make any difference to BCIS. But the case is passed like more than 15 months from the date I applied for final stage of 485. What will be the consequences in mycase if I am sending as said from my current employer Y.

I would like why is BCIS asking? What BCIS is suppose to do after getting this RFE? Does it mean they are likely to give approval OR anything else? If they are likely to approve what is the next thing I am suppose to expect from BCIS once they receive the RFE and how long it can be

Let me know bcoz you said for getting GC stampped in passport we have to take those RFE which I hv said above. So why BCIS have asked you think???

Plz let me know your views on this.

Sylvia Ottemoeller

"psmanish" wrote in message
news:[email protected]...

    > Hi Ingo Pakleppa , Sylvia Ottemoeller & Manish:

    > Thanks for your email responses. I think it was very usefull to me.
    > Well now what happened is that BCIS have asked for an RFE for my pending
    > AOS case as discribed previously. Just to recap so far what happened is
    > "I applied for final stage i.e. I-485 back in June of 2001 via a
    > employer X. After that I got my EAD, ADP. As my very first ADP got
    > expired. I renewed the ADP and got new ADP which is valid untill april
    > of 2004 I guess. Similarly I applied for renewal of EAD as my very
    > first EAD got expired. Now my case says that they have approved my EAD
    > and once the card is printed shall send it to me. I went for FP in oct
    > of 2002. Well now I am no more with the employer X & I am employed with
    > a new employer Y as of now."
    > I got a call from my lawyer saying, that during process of my AOS case,
    > BCIS have RFE and have asked the following...
    > 1) verification letter from my current employer
    > 2) recent pay stub
    > 3) last three year tax returns.
    > Since I am not with employer X who filed my case and I can get letter
    > from employer Y only/paystub. Will that make any difference to BCIS. But
    > the case is passed like more than 15 months from the date I applied for
    > final stage of 485. What will be the consequences in mycase if I am
    > sending as said from my current employer Y.

You will probably be O.K. BCIS will probably approve the I-485, assuming
you are working in the "same or similar" job.

    > I would like why is BCIS asking?

BCIS is verifying that you still qualify for immigration. This is quite
typical when the I-485 has been pending for a long time.

What BCIS is suppose to do after
    > getting this RFE? Does it mean they are likely to give approval OR
    > anything else? If they are likely to approve what is the next thing I
    > am suppose to expect from BCIS once they receive the RFE and how long
    > it can be.

Within a month or two after responding to the RFE, you should receive the
I-485 approval notice. It could be longer. You will then go to your BCIS
district office to get your passport stamped and have a fingerprint and your
signature taken.

Have you read this FAQ on AC21 I-485 portability? It's very good:
http://www.murthy.com/UDac21qa.html.

Mayo

    > I got a call from my lawyer saying, that during process of my AOS case,
    > BCIS have RFE and have asked the following...
    >
    > 1) verification letter from my current employer
    > 2) recent pay stub
    > 3) last three year tax returns.
    >
    > Since I am not with employer X who filed my case and I can get letter
    > from employer Y only/paystub. Will that make any difference to BCIS. But
    > the case is passed like more than 15 months from the date I applied for
    > final stage of 485. What will be the consequences in mycase if I am
    > sending as said from my current employer Y.
    >
    > I would like why is BCIS asking? What BCIS is suppose to do after
    > getting this RFE? Does it mean they are likely to give approval OR
    > anything else? If they are likely to approve what is the next thing I
    > am suppose to expect from BCIS once they receive the RFE and how long
    > it can be.
    >
    > Please let me know your suggestions..
I believe your lawyer should have provided you with all the
information I will provide below, but in any case:

BCIS appear to be asking for verification of employment on all cases
now (that is what my lawyer said), just routine check that you still
work there and that the job is still available under the conditions
promised on the LC.

Since you changed employers your case is special: According to how I
read the law, you are allowed to change employers after the AOS has
been pending for 6 months to a job on the same classification - if you
did that your new employer should certifify that you ar employed, that
they can and will pay the wage promised by first employer and that the
job is permanent. You might also want to include a letter stating when
you changed jobs and provide proof (i.e. paystubs for before and
after) and stating that it was allowed under AC21 (your lawyer should
know the specific section). If all this is completed then the petition
should be approved soon after you respond (good luck)

Please note that if the new salary is not exactly (some people say
very close) to the one offered on the LC by the first employer the
BCIS can deny the petition (that is what my lawyer has told me, but of
course they could not even check, no way to tell)

According to my reading of the law, if you were laid off from first
job regardless of time, your petition should not be approved. I am not
saying it wont, just that it should not- The law was intended to add
flexibility to the job market, not to protect people from lay-offs
(Sorry if that was the case). Some people interpret this differently,
but I believe I am giving a literal interpretation of the law and BCIS
does not have to use less strict ones

Good luck

Pa

Mayo

May I ask who your lawayer is. My lawyer and atleast few other lawyers have
stated that if the job is the same
and the responsibilities are the same, then the salary is not a problem. Do
you or your lawyer know about
any specific AC21 cases that were denied just becuase of the salary.




"Mayo" wrote in message
news:[email protected]...
    > > I got a call from my lawyer saying, that during process of my AOS case,
    > > BCIS have RFE and have asked the following...
    > >
    > > 1) verification letter from my current employer
    > > 2) recent pay stub
    > > 3) last three year tax returns.
    > >
    > > Since I am not with employer X who filed my case and I can get letter
    > > from employer Y only/paystub. Will that make any difference to BCIS. But
    > > the case is passed like more than 15 months from the date I applied for
    > > final stage of 485. What will be the consequences in mycase if I am
    > > sending as said from my current employer Y.
    > >
    > > I would like why is BCIS asking? What BCIS is suppose to do after
    > > getting this RFE? Does it mean they are likely to give approval OR
    > > anything else? If they are likely to approve what is the next thing I
    > > am suppose to expect from BCIS once they receive the RFE and how long
    > > it can be.
    > >
    > > Please let me know your suggestions..
    > I believe your lawyer should have provided you with all the
    > information I will provide below, but in any case:
    > BCIS appear to be asking for verification of employment on all cases
    > now (that is what my lawyer said), just routine check that you still
    > work there and that the job is still available under the conditions
    > promised on the LC.
    > Since you changed employers your case is special: According to how I
    > read the law, you are allowed to change employers after the AOS has
    > been pending for 6 months to a job on the same classification - if you
    > did that your new employer should certifify that you ar employed, that
    > they can and will pay the wage promised by first employer and that the
    > job is permanent. You might also want to include a letter stating when
    > you changed jobs and provide proof (i.e. paystubs for before and
    > after) and stating that it was allowed under AC21 (your lawyer should
    > know the specific section). If all this is completed then the petition
    > should be approved soon after you respond (good luck)
    > Please note that if the new salary is not exactly (some people say
    > very close) to the one offered on the LC by the first employer the
    > BCIS can deny the petition (that is what my lawyer has told me, but of
    > course they could not even check, no way to tell)
    > According to my reading of the law, if you were laid off from first
    > job regardless of time, your petition should not be approved. I am not
    > saying it wont, just that it should not- The law was intended to add
    > flexibility to the job market, not to protect people from lay-offs
    > (Sorry if that was the case). Some people interpret this differently,
    > but I believe I am giving a literal interpretation of the law and BCIS
    > does not have to use less strict ones
    > Good luck

juz4forums

Hi Sylvia Ottemoeller, Mayo & Pa :

Thanks for the suggestions.

So i shall forward the documents which was requested by BCIS.

I would like to know if there is any specific format of the employment verification letter to be submitted to BCIS.
Also to whom it has to be addressed, as the current employer they have not dealt with this kind of situation and its brand new office, they are not aware of the specific format.

If anybody can give me hightlight that will be nice of all.

juz4forums

Hi Ingo Pakleppam, Sylvia Ottemoeller, Manish and Everybody..

I recently got an RFE from BCIS for my pending case as talked earlier. I have submitted the documents mentioned below which they requested.

* My past three year W2 tax,
From my current employer (where I joined recently a month plus)
* Paystub,
* Employment verification letter

Hope you might have gone through my earlier messages posted in regards to the same so that you can get a clear picture of what has happened so far. So I would like to have few querries ..


I would like to know why BCIS has asked RFE?
What will be impact on those document to my pending case?
If its for decision making when how soon I am suppose to expect?
(BCIS received in last week of july 2003 my RFE)
What is the % in the decision going in favour of approving for the my green card.
Incase if its not going to be in favour what is the possible reason they might deny it.

Manish

Please visit the below thread
http://www.immigrationportal.com/for...30&forumid=121

Or post your question in above thread.

SAMPLE AC21 LETTER FROM NEW EMPLOYER Y





Date:

From
Wannabe Immigrant
I485 Receipt SLW 03 XXXXX
A# 00000000
1 Main Lane
Anycity SS 00000

To
BCIS- summa service center
PO Box xxxx
SomeTown XX 11000



Dear Sir/Madam
RE: SFW 000000 , A#, Wannabe Immigrant, I485 under AC21



I had been working for companyA from StartDate using H1B visa (latest H1 receipt SFW ). companyA applied for labor certification for the job of LCJobName on veryOldDate. The OCC code of the Job was 030.062.010 per the Onet classification (SOC: 15-1030) for a salary of $verylowAmount per annum. The responsibilities of LCJobName included Analyzing business and engineering data processing problems, designing and implementing a solution and test the developed systems.This Labor Certification was approved on aVeryLongTime. Based on this approval an application for immigrant visa (I140) was made on aLittleTimeLater. This application was approved on aLongAgo. I applied to adjust my status to permanent resident status on aFunDate. My Employment authorization document was approved on areallyFunDate.

According to the memo dated June 29 2001 on the American competitiveness in the Twenty First Centrury Act and related legislation, from the Office of the Executive Associate commissioner of Legacy INS, change of employment is permitted in cases of lengthy adjustment adjudication. That memo lists two preconditions for eligibility to change jobs- I485 is pending unadjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).

I joined companyB at mycurrentHome on 180DayDate ( approx. xxx days from the receipt date of I485) as a newJobName for a salary of $highAmount per annum. The job responsibilities include Analyze business and engineering data procesing problems, design,implement and test the developed systems. Please find attached a letter from companyB regarding the employment offer, Job title , job description and salary.

Pursuant to the guidelines of the memo cited above and my eligibility based on the fact that my I485 application has been pending unadjudicated for more than 180 days and the new job is in the similar occupational classification (SOC code 15-1051), I request that BCIS continue processing my I485 application. I also request that my I485 application be approved based on the provisions of the American Competitiveness of 21st century signed as law on October 17, 2000 and adjudicate favorably.

I would be glad to provide any additional information required by you.

Yours Truly

Wannabe Immigrant

Enclosures
1. Copy of LC approval
2. Copy of I140 Approval
3. Copy of I485 receipt
4. Employment Offer/Support letter from companyB
5. Copy of the employment authorization
********
OR you can use Below Sample letter:
This is the format my friend lawyer asked
------------------------------------
<<date>>

<<NAME>.
Bureau of Citizenship and Immigration Services
XYZ Service Center
KKKK HHHH

Dear <<NAME>:

This letter is to confirm that <COMPANY NAME> currently employs and intends to offer permanent
full time employment to <YOUR NAME> as an <DESIGNATION> at a salary of <SALARY>. He began employment
with us on [insert date].

His job duties are: [insert the job duties, better if the match with past approved LC].

If you have any questions regarding this application, please do not hesitate to contact me.

Sincerely,


XXX
Title

Ingo Pakleppa - See Web Site For Email

On Sun, 03 Aug 2003 05:48:11 +0000, psmanish wrote:


    > Hi Ingo Pakleppam, Sylvia Ottemoeller, Manish and Everybody..
    >
    >
    >
    > I recently got an RFE from BCIS for my pending case as talked earlier. I
    > have submitted the documents mentioned below which they requested.
    >
    >
    >
    > * My past three year W2 tax,
    >
    > From my current employer (where I joined recently a month plus)
    >
    > * Paystub,
    >
    > * Employment verification letter
    >
    >
    >
    > Hope you might have gone through my earlier messages posted in regards
    > to the same so that you can get a clear picture of what has happened so
    > far. So I would like to have few querries ..
    >
    > I would like to know why BCIS has asked RFE?

It seems they now send this RFE to all I-485 applicants.

    > What will be impact on those document to my pending case?

It is required.

    > If its for decision making when how soon I am suppose to expect?

Probably in the next few months. BCIS tends to send this RFE within a
reasonable time of deciding your I-485.

    > (BCIS received in last week of july 2003 my RFE)
    >
    > What is the % in the decision going in favour of approving for the my
    > green card.

Impossible to tell, since that very much depends on the specifics of your
case. Of course, a reasonably well prepared case should usually get
approved.

    > Incase if its not going to be in favour what is the possible reason they
    > might deny it.

Same thing, impossible to tell.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.

juz4forums

Hi Ingo Pakleppam, Sylvia Ottemoeller, Manish and Everybody..

I recently submitted the below documents as an RFE request by INS on my pending AOS case.
i.e.

* My past three year W2 tax,[/q1]
* From my current employer (where I joined recently a month ago)
* Paystub i gave 2 paystub i.e. by-weekly for a month since i joined one month back. (i.e. month of june)
* Employment verification letter[/q1]


But i just checked my case status and it said they hv sent an request for additional evidence or information, I am just wondering what will be that on ? Do you have any idea? I am just curious to know. If anybody have come across such situation what is INS is looking for please let me know so that I can make the necessity steps for the same.

Ingo Pakleppa - See Web Site For Email

The phone system may not have been updated. It may be a good idea to call
the BCIS service hotline and confirm that they received your response.

On Sun, 17 Aug 2003 22:34:23 +0000, psmanish wrote:


    > Hi Ingo Pakleppam, Sylvia Ottemoeller, Manish and Everybody..
    >
    >
    >
    > I recently submitted the below documents as an RFE request by INS on my
    > pending AOS case.
    >
    > i.e.
    >
    >
    >
    > * My past three year W2 tax,
    >
    > * From my current employer (where I joined recently a month ago)
    >
    > * Paystub i gave 2 paystub i.e. by-weekly for a month since i joined one
    > month back. (i.e. month of june)
    >
    > * Employment verification letter
    >
    >
    >
    >
    >
    > But i just checked my case status and it said they hv sent an request
    > for additional evidence or information, I am just wondering what will be
    > that on ? Do you have any idea? I am just curious to know. If anybody
    > have come across such situation what is INS is looking for please let me
    > know so that I can make the necessity steps for the same.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.

juz4forums

Hello Ingo Pakleppa & Others:

Its not the phone system its the online status which I am referring to.

Actually what happened is that, When i submitted the RFE documents to BCIS, the online status that time (once BCIS received ) showed that it has received the RFE and blah blah as you mentioned.

But recently in few days back after they got RFE, I saw another status in online that they are requested an additional evidience to be required for my case. So I was wondering what it would be ? Any tips on this will be greatly appreciatable.

Is that I am okay with that AC21 because I was asked go for finger prints and I got my EAD's and recently this RFE or is it anything regarding to that I am not sure, lawyer has yet to get the details from BCIS I believe.



Manish.

Ingo Pakleppa - See Web Site For Email

On Mon, 18 Aug 2003 19:01:35 +0000, psmanish wrote:


    > Hello Ingo Pakleppa & Others:
    >
    > Its not the phone system its the online status which I am referring to.

As far as I know, the phone system and the online status come from the
same database.

    > Actually what happened is that, When i submitted the RFE documents to
    > BCIS, the online status that time (once BCIS received ) showed that it
    > has received the RFE and blah blah as you mentioned.
    > But recently in few days back after they got RFE, I saw another status
    > in online that they are requested an additional evidience to be required
    > for my case. So I was wondering what it would be ? Any tips on this will
    > be greatly appreciatable.

Quite possibly, they simply rolled back the status for some reason or
another. It is entirely possible that there is no second RFE.

    > Is that I am okay with that AC21 because I was asked go for finger
    > prints and I got my EAD's and recently this RFE or is it anything
    > regarding to that I am not sure, lawyer has yet to get the details from
    > BCIS I believe.
    >
    > Manish.
    >
    >
    >
    >
    >
    > Originally posted by Ingo Pakleppa - See Web Site For Email
    >
    >> The phone system may not have been updated. It may be a good idea to
    >> call
    >
    >> the BCIS service hotline and confirm that they received your response.
    >
    >
    >> On Sun, 17 Aug 2003 22:34:23 +0000, psmanish wrote:
    >
    >
    >
    >> > Hi Ingo Pakleppam, Sylvia Ottemoeller, Manish and
    >> Everybody..
    >
    >
    >> >
    >
    >> >
    >
    >> >
    >> > I recently submitted the below documents as an RFE request by
    >> INS on my
    >
    >> > pending AOS case.
    >
    >
    >> >
    >> > i.e.
    >
    >
    >> >
    >
    >> >
    >
    >> >
    >> > * My past three year W2 tax,
    >
    >
    >> >
    >> > * From my current employer (where I joined recently a month
    >> ago)
    >
    >
    >> >
    >> > * Paystub i gave 2 paystub i.e. by-weekly for a month since i
    >> joined one
    >
    >> > month back. (i.e. month of june)
    >
    >
    >> >
    >> > * Employment verification letter
    >
    >
    >> >
    >
    >> >
    >
    >> >
    >
    >> >
    >
    >> >
    >> > But i just checked my case status and it said they hv sent an
    >> request
    >
    >> > for additional evidence or information, I am just wondering what
    >> will be
    >
    >> > that on ? Do you have any idea? I am just curious to know. If
    >> anybody
    >
    >> > have come across such situation what is INS is looking for
    >> please let me
    >
    >> > know so that I can make the necessity steps for the same.
    >
    >
    >> --
    >
    >> Remember, I am strictly a layperson without any legal training. I
    >> encourage
    >
    >> everybody to seek competent legal counsel rather than relying on usenet
    >
    >> newsgroups.
    >
    >
    >> Please support H.R. 539 and H.R. 832. More information at
    >
    >> http://www.kkeane.com/lobbyspousal-
    >> faq.shtmlhttp://www.kkeane.com/lobbyspousal-faq.shtml
    >
    >
    >> Please visit my new FAQ at
    >> http://www.kkeane.com/http://www.kkeane.com (always under construction)
    >
    >
    >> My email address in usenet posts is now invalid for spam protection.
    >> See
    >
    >> my Web site for information on how to contact me.
    >
    >
    >> Now with new photos! Please feel free to enjoy some of my photographs
    >> at my
    >
    > new Web site
    > http://www.ingopakleppa.com/http://www.ingopakleppa.com ! Comments are
    > welcome.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.

juz4forums

Hello Ingo Pakleppa & Others:

>Quite possibly, they simply rolled back the status for some >reason or another. It's entirely possible that there is no 2nd RFE.


Well I just information that in the 2nd RFE they the INS have requested to show my current employer the Ability fo pay in other words to provide evidece that he is able to pay me the salary using his annual reports or federal tax returns or audited financial statement etc like that, untill benefiaciay gets the lawfull permanent residence like that.

I believes because of my change in employer they have asked it i.e. I have changed the employer who originally filled the Green Card for me.

So well now the questions is : Since the office where I am working is very small and startup I have a few querries. Say I am employed with the current emplyer for X amount USD per annual salary. Then what is the dollar amount that my current employer has to show to INS i.e. the marginal gap so that BCIS can be consider that current employer can pay to me.

Hope I am able to tell what I am suppose to tell. If any questions please let me know.