Importance of the word permanent in employment letter when porting under pending 485

waavman

Registered Users (C)
I received an RFE from USCIS as my 485 is pending and my priority became current. The RFE was for requesting an employment letter from my prospective permanent employer to confirm my eligiblity for AC21.
My current employer has issued an employment letter in which the job title and classification are matching.
So I have no issues with the job classification or job title.
However I have questions with respect to the following two issues:
(1) Since I am working as a consultant with them for an end client, they were not willing to include in the letter the line "we intend to employ Mr myself on a full time permanent basis " as they were scared that if they include that line and if for some reason my assignment ends at my current client they might have the obligation to retain me and pay me. Instead they have used the line " Although we cannot guarantee his indefinite employment because of our 'at will policy', we can, however state, that at this time, the prospects of his continuing employment are very good".
Please let me know if this alternative line they have used in the employment letter that I am going to submit with my AC21 to USCIS, could cause any issues with my 485 approval
(2) While my original petition had mentioned the salary in annual terms, my current employment letter for the AC21 suggests the payment as a daily rate because that is how I am getting paid. Is this going to be an issue ?

Your views are highly appreciated.

thanks
 
1. You'll be fine. AC21 job letters don't have to state explicit permanent employment.

2. No issue with the daily rate. They can calculate an annual estimate if they want. And they don't pay attention to salary unless it's so drastically different that it appears to not be a "same or similar" job, like a 200% increase (or even 300% or more for some occupations where salaries have a wider spread of salaries).
 
Thank you Jackolantern for assuring me.
BTW I learnt yesterday of the loooong awaited sweet news that my GC was approved and my card has been sent out for Production.
 
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