485 RFE on a Complicated case...need help...

N

nrajesh

Registered Users (C)
Here is the sequence of Events:

Worked For Company A on H1
Filed For Labor thru Comp A in Apr'00 - Quit them in a May '00 (within 1 month of applying for Labor)

Started working for Company B thru H1 transfer
Quit CompanyB and Joined Company C - H1 Transfer
Working for Company C SINCE Dec'01.

Labor thru Company A got cleared in Apr'01
Applied for I140 thru Company A in May'01 - for future employment.

Applied for 485/EAD/AP thru Company A in Sept'01 - when the new Concurrent filing law came into effect.

I140 got cleared in July'03.
Now I got a RFE on my 485 Stating:
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1. Emp Letter + DateOfHire + salary + duties + prospect of continued employment from Current Employer.
2. If you no longer work for Comp A, submit a letter statign the end date of your employment.
3. Recent Paystubs+1yr of Tax returns and W2.

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I spoke to my Lawyer and here are the options he gave me:
1. Quit current employment and join Comp A and send the Emp Letter + details to them. This will give them the guarentee that I am starting the job with my GC processor.
2. Give a letter of future employment with Comp A, saying that I will work for them once my GC is approved.
3. Get an employment letter + details of employment similar to that specified in Labor - thru Company C.

The Lawyer prefers Option 1. With the othjer options he says I will be a test case and there are no guarentees.

I do not like option 1 because, I do not want to give up my current H1 status and start using my EAD - because if the GC gets denied, I will have no option.

With Option 3, I can manage to get a very close Emp duties from my present employer, but the salary is about 15% less than that specified in the labour ( but if included the performance based bonus...which cannot be given as an absolute number in the emp letter... it is very close to the one specified in my labour).
Also not are sure if Change of employment (AC21) in 485 stage applies to my case - as mine is a case of future employment.
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I will appritiate if anybody can throw some light on this.
 
I don't know why lawyer thinks opition 2 is a test case. Option 2 is classic future employment GC. Several have done it - individuals can post their experiences.

You can join A with H1 transfer(instead of EAD)- if you still have time left on H1 or 7th year ext.

HTH
 
I am in the same boat

Hello I am in the same boat.

Filed LC thru company A..left company A and joined company B on a full time basis.

Later LC cleared thru A..mean while filed LC thru B..but Company B is in big trouble and massive lay-offs happening.

Company A offered to continue GC on my own expenses..

Filed I-40 thru A..cleared I-140 in Amt 2002...filed I-485 in June 2002.

Company B relocated me to Chicago from NJ and my labor filed in NJ by B became useless.

3rd EAD renewal sent recently..

Mean while got an excellent offer from Company C (80% pay hike compared to LC) and title Director-IT.

Problem: New employer ready to give AC21 portability letter but wants to add the title " Hired Mr..as database admin (as suggested by my attorney) with a title XXXX: IT Directore (this is what my attorney disapproves) and the job duties include..bla..bla..bla...(as per my LC application)...

Issue...My lawer feels it can cause some serious problems for my GC..suggests to ask the new employer to remove that or join them on H1B transfer..for which I doubt they agree..

Gurus, please give your opinions..
 
Option 2 is the best. Believe in the experience of this forum than your lawyer. Since your lawyer also did not disapprove option2 (in fact he only that option to you), go by option2. I have read some postings by those who got approved using this route.
 
bpr_nj,
The job title does not matter as much as the job duties. Every company has its own titles for it's employees. If you get an RFE, as suggested by your lawyer, ask your new employer to give you a employment letter without mentioning the word "director". I guess they won't have problem in doing that. If they don't agree, then also there won't be any problem because your AC21 letter clearly mentions your job duties as mentioned in LC. So there is hardly any room for the adjudicator to send another RFE asking you to explain your job duties as a director - IT. I guess that you are on a good wicket.
 
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