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I received an RFE for couple of things. 1. After working in…

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I received an RFE for...
I received an RFE for couple of things.1. After working in IT for several years I took a small break and worked for almost a year now on my own LLC which is again an IT services company, where I did the same exact role as I intend to do before and after the I-485 approval, can I provide that in my G-325 in 5 year employment history?2. The company - call it as A, who I filed my I-485 with is now merged to another entity and it seems like the name and EIN changed to a different one, call it as B. Now I am not clear whether I should be filing supplement J as a bona fide offer letter or the AC21 part of supplement J. Please advise.
Submitted: 11 months ago.Category: Immigration Law
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8/3/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,380
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

When was your I-485 filed? When did you take your break? The I-485 has not been denied yet? I assume you had an EAD approved before you began working for your own company?

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Customer reply replied 11 months ago
I-485 was filed in 2007 - concurrent filing with I-140 and yes I was on EAD while working for my own company., Also I did work for an offshore project during that time as well. So either I can mention as self employment or employed in an offshore project (India). I didn't literally take break from working, I just took a break from working for any companies instead I worked for my own LLC. No I just got my RFE so my 485 is not denied, hope that's not going to happen in the future as well :)
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago

Was the I-485 pending longer than 180 days before you took your break? Was it pending longer than 180 days when your previous employer was bought out?

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Customer reply replied 11 months ago
I started working for my LLC after 10 years I filed my I-485 and the company name changed after couple years.Also this is the actual scenario1. Company A merged with B.
2. Company B is the successor-in-interest to Company A( B is the surviving company)
3. Company A is dissolved and its FEIN is no longer valid.
Customer reply replied 11 months ago
I mean company was merged after 2 years I filed for I -485
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago

Ok, as to your questions:

1) Yes, you need to be honest and list everything, but it should not be a problem.

2) Your new future employer will need to be what is listed in the I-485 supplement J and you will need to prove that the position that you will take is the same or similar positon as to what is listed on your entire GC process.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 11 months ago
Sir, I asked you whether I should just submit a Bona fide JOB OFFER part of supplement J or 204(j)
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago

What is the RFE asking for?

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Customer reply replied 11 months ago
Submit a properly completed and signed supplement J, Confirmation of Bona Fide job offer or Request for Job portability Under INA section 204(j), showing that the offer of intended permanent employment as stated in the Form I-140 continues to exist or that you intend to port to a new offer of employment.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago

I would submit the request for job portability under INA section 204(j) since it will be clearer since there is a new entity and EIN, etc.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago

Thank you for your kindness and respect. Good luck to you.

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