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Help! Ref2 Issues By Uscis

Discussion in 'AC 21 I-140 Portability' started by abhisam, Jul 22, 2015.

  1. abhisam

    abhisam Junior Member

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    Hi Ron,

    I have a unique case. My I-485 was filed in July 2007 based on approved PERM and I-140 applications in EB3 category. Later, my application was ported to EB2 through approved PERM and I-140 applications applied by my employer in 2013. I got laid off in September 2013. I had a part time business at the time, and decided to run it full time since then. My last PERM was filed as a project manager running software projects. My current company primarily does digital marketing. But part of what we do is web and mobile app development (which is technical work). And I run all our projects - so I am the project manager on all projects. Part of the job description (as a project manager) is very similar to my PERM application except, my company as a whole does a lot more than just software project management, project management is part of my job and not my entire job, and we do not make as much money as the prevailing wages on my PERM application.

    I received an RFE a couple of months back to produce an updated G-325A form for my application and a updated medical records. My lawyer helped me prepare a response to prove that part of what I do at my company is same or similar to the description in my PERM application. I also got my medical done again. Now I just received a second RFE on the case a few hours back. Although I don't know the exact reason for the RFE, I am freaking out. If the RFE is about proving same or similar occupation, what are my options? If I get a job as a project manager in IT (safely similar to my PERM application), will that help me keep my application? Also, do I actually need a job, or just a job offer as a software project manager to prove same or similar occupation class?

    Thanks a lot for your help.

    - Abhisam
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to discuss this with your lawyer. I am ethically prohibited from commenting on cases where people are represented.
     
  3. abhisam

    abhisam Junior Member

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    Hi Ron,

    I appreciate your response and I understand why you don't want to comment. However, I am personally looking for a second opinion on my case. I have a feeling my current attorney may be responding with more information than is needed, which gives USCIS a chance to dig further. And it is a matter of being able to continue living in the US, which is very serious.

    Can I hire your services for a second opinion? I am very close to Calabasas, and I am happy to come to your office and have a 1-2 hour consultation on my case. Please let me know. Depending on how the consultation goes, I may be willing to hire your services going forward.

    By the way, this is the language of the 2nd RFE is as follows:

    The evidence that you have submitted indicates that your new employment is a company that is owned by yourself. Please submit evidence that you have the financial means to support yourself (and your family, if applicable), such as current and past financial statements, evidence of additional income and/or a Form I-134, Affidavit of Support and supporting documentation.

    Thank you for your response!
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    We do not do second opinions.
     

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