urgent help on 485 RFE

[balaji.venkataraman]

I received a RFE dated Jun 13 for validating my employment. Here is the background for my case.

 

I worked for a company previously  and primarily playing an Application Architect role. The company filed my EB3 ( PD : 2004 Nov) with the following content in 140.

 

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Position: Software Engineer

DUTIES:   Design, develop, implement and test complex web applications.  Provide engineering solutions and services.  Assigned to web applications or to other complex software development projects that utilize multiple technologies, programming languages on multiple operating systems.

 

Requirements: Bachelor's degree in Computer Science, Engineering. Math or Computer Information Systems.

 

Position also requires two years of experience in following technologies: .NET technologies (C#,ASP.Net, ADO.NET), SharePoint, SQL Server on Windows platforms.  Experience may be gained concurrently.

 

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The company crashed in 2010. I ended up joining my current employer as Senior Architect. I used by EAD to join this company. We have NOT filed an AC21 so far. Subsequently in Nov 2012, I received a promotion . I am still an independent contributor in the technical side. My current employer  filed a new EB2 in Feb 2013 with the intent to port the priority data. I am expecting some communication in the next 6 weeks.

 

Meanwhile I received a RFE on my existing 485 application. When I approached my current employer for an experience letter and AC21, here is the company wide template they wanted to use for my position.

 

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Position: Sr Technology Architect

Duties:  to create IT solution, service roadmap and define solution offerings; identify new business opportunities and foster relationships with client executives to promote service offerings; create joint go-to-market models with Alliance partners to increase business through end-end solutions; anchor solution evaluation for specific focus areas; review architecture, define framework and validate NFR for complex IT architectural solutions; review NFR compliance; provide inputs for technology risk management; create RFP responses for large-scale opportunities; create PoVs (Points of View) and architect/validate complex technical solutions; conduct client workshops to provide best-fit solutions for large and complex engagements; identify, create and present patentable artifacts/IP and PoVs at internal/external forums; contribute to competency development and performance management of team

Salary : 140K + Bonus                                                                                                            

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Given below are my questions

 

1. Should we file a AC21 first and then respond to the RFE with an employment verification letter.

2. Will the AC21 and the employment verification letter with above content satisfy portability requirements? If not is there anything that can be done to justify it as organic growth?

3.  If not, what are my options? A. Reassignment of role with my current employer b. Find new employment. I have about 70 days to respond to this RFE. Not sure if I have enough time.

4. If for whatever reason if INS rejects the AC21 application, will my present EAD be valid until it expires? I have applied for a renewal and hoping I will have 2 years' time to leave.

 

 

Any suggestions on how I should handle the situation?

[Attorney_11]

One can respond to the RFE and request benefits under AC 21 simultaneously. It is recommended to speak with a qualified competent immigration attorney to discuss the salient requirements of AC 21 eligibility - approval of I-140, pending 485 greater than 180 days and, specifically, whether the new job is in a same or similar job classification as the original green card process with the previous employer.

[j0909]

Would appreciate if others can also chime in on this (two positions being different in title offered in the new job role). We are in similar situation. For those who are familiar - is Software Engineer 'same or similar' as Software Developer - for the sake of AC21/RFE ?

I wouldn't want to detract away from Balaji's original question. But would help if those who are familiar in this matter or have experienced or successfully replied to RFEs can chime in. We'll be interested to know about their experiences that are relevant in either case. 

 

Your time and help much appreciated.