Hi all
I am a doctor and had a I-485 application based on Labor certification and it was stuck in Name check for almost 4.5 yrs. In the meantime, I had applied for NIW I-140 after getting a good suggestion from a fellow poster here. I didn't get the I-140 approval till I started my fellowship last October Now, I got the I-140 approved on Apr 4th. I couldn't apply for I-1485 based on NIW because the physical approval notice has reached me only few days ago. I have gotten a RFE for employment verification. It states that I no longer reside in the same state as the underlying form I-140 petitioner.
Therefore submit a currently dated later from your original I-140 employer which addresses this discrepancy. This letter should indicate the terms and conditions of labor certification continue to exist.
OR
Submit a letter from the present employer stating the salary, start date and the type of employment(if it is the same category basically AC21)
My old employer is willing to give me a letter with the date and even ready to hire me back.
1)Would the letter just suffice or should I go back to the previous employer?
2)If the letter states my starting date as July 08, would they still approve my green card now that it is only April?
3) Could I argue that my I-140 has been approved now?Given a very different case like mine, what would you do?
Thanks in advance
Vidyaram
I am a doctor and had a I-485 application based on Labor certification and it was stuck in Name check for almost 4.5 yrs. In the meantime, I had applied for NIW I-140 after getting a good suggestion from a fellow poster here. I didn't get the I-140 approval till I started my fellowship last October Now, I got the I-140 approved on Apr 4th. I couldn't apply for I-1485 based on NIW because the physical approval notice has reached me only few days ago. I have gotten a RFE for employment verification. It states that I no longer reside in the same state as the underlying form I-140 petitioner.
Therefore submit a currently dated later from your original I-140 employer which addresses this discrepancy. This letter should indicate the terms and conditions of labor certification continue to exist.
OR
Submit a letter from the present employer stating the salary, start date and the type of employment(if it is the same category basically AC21)
My old employer is willing to give me a letter with the date and even ready to hire me back.
1)Would the letter just suffice or should I go back to the previous employer?
2)If the letter states my starting date as July 08, would they still approve my green card now that it is only April?
3) Could I argue that my I-140 has been approved now?Given a very different case like mine, what would you do?
Thanks in advance
Vidyaram