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Employer not issuing employment letter to file I485

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  • Employer not issuing employment letter to file I485

    Hi All,

    I am a cancer patient. Before my surgery I was employed by a hospital on a condition that they will file my Green card. They filed my GC in EB2 catagory my labor was approved and I140 was approved on Jan 04 2010. Later I was diagnosed with cancer and after my surgery they put me on part time (now working part time for a year). Recently my Priority date became current and I started putting together the documents to file I485 only to discover that I485 require a FULL TIME APOINTMENT EMPLOYMENT LETTER.

    => Now my employer is giving me hard time and not giving any straight answer regarding my employment letter. I am running around between the HR and my department secratory only to find no specific answer.

    I want this GC for my wife. Please help me what can I do to pursue this matter.

    => Can I self-file I485 through my personal attorney or should I pack my bags and leave.

    Gratefully yours
    Sharma S
    Last edited by diligent72; 16th March 2012, 09:53 AM. Reason: Change title

  • #2
    Originally posted by diligent72 View Post
    Hi All,

    I am a cancer patient. Before my surgery I was employed by a hospital on a condition that they will file my Green card. They filed my GC in EB2 catagory my labor was approved and I140 was approved on Jan 04 2010. Later I was diagnosed with cancer and after my surgery they put me on part time (now working part time for a year). Recently my Priority date became current and I started putting together the documents to file I485 only to discover that I485 require a FULL TIME APOINTMENT EMPLOYMENT LETTER.

    => Now my employer is giving me hard time and not giving any straight answer regarding my employment letter. I am running around between the HR and my department secratory only to find no specific answer.

    I want this GC for my wife. Please help me what can I do to pursue this matter.

    => Can I self-file I485 through my personal attorney or should I pack my bags and leave.

    Gratefully yours
    Sharma S
    If you have a copy of the I-140 approval, you can self-file the I-485 with that and USCIS often won't ask for the employment letter.

    EB3 ROW I-485 Approved: July 2007
    USC: July 2013
    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

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    • #3
      Thanks for your response

      Thankl you so much for your response.

      Originally posted by Jackolantern View Post
      If you have a copy of the I-140 approval, you can self-file the I-485 with that and USCIS often won't ask for the employment letter.

      Comment


      • #4
        For employment based Green Card, You need to provide employment verification letter. USCIS will want to know whether the position for which labor certification is sought is still open for beneficiary to accept and this can be confirmed by employment verification letter.

        Comment


        • #5
          Originally posted by whitemimauz3 View Post
          For employment based Green Card, You need to provide employment verification letter. USCIS will want to know whether the position for which labor certification is sought is still open for beneficiary to accept and this can be confirmed by employment verification letter.
          Many have gotten their green cards approved without that letter. Especially if they're already employed in the same job as H1B or L1. The active status of the H1B or L1 and the ongoing validity of the I-140 is often enough to convince USCIS that the position is open for the beneficiary.

          The OP should send the I-485 without the letter, then continue to work on getting the letter in case USCIS demands it later.

          EB3 ROW I-485 Approved: July 2007
          USC: July 2013
          I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

          Comment


          • #6
            Got the letter of employment verification

            Guys thank you so much today I got letter from my employer. Now I just pray to live that long and do not get RFE
            Gratefully yours
            SHarma S

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