FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS
Dear Rajiv Ji,
First of all thank you very much for helping our community !!
I have few questions related to AOS/I-485 adjudication employment based.
Situation -
1. I am working with employer A on L visa.
2. Employer B has filed my future employment based GC under EB2 category. My I140 is approved. (I have not worked for employer B until now)
3. My I485 filed by employer B is pending for more than 180 days.
4. I certainly want to join employer B as soon as I get a project prior to getting green card
OR when I get my green card.
Questions - (in case point # 4 is not MET and I get an RFE on employment verification letter)
1.
During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then -
How do I prove that I certainly had intention to join employer B at the time of filing I140 and I1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I140 and I485?
2.
If we want to respond to EVL RFE using Employer C's offer then -
How do we prove that this offer was extended prior to I-485 adjudication (with joining date after getting green card)?
What should be the offer extended date
and
What should be the joining date to comply by AC21?
3.
If I respond to this EVL RFE using employer B's job offer letter then -
What are the chances of getting
"Ability to pay RFE" subsequent to my RFE response using Employer B's offer letter (Not using AC21 at all)??
(
FYI - as far as I know so far none of the GC applications are denied for "Ability to Pay" RFE for employer B)
Thanks much for your help !!