A21 and I485 Interview in few weeks

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aakupachha

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A21 and I485 Interview (EB3) in few weeks

I appreciate any help I can get. My spouse and I got I 485 interviews in few weeks.
1. I never invoked AC21 until now as my company attorney mentioned that it was not necessary. Should I provide a letter at interview to invoke AC21 or submitting Employement letter is enough?

2. Also, my labor shows that 2 years exp (Eb3) is required. My current job required 5 years experience when I joined. Does this consider as same or similar job occupation? The job duties are same. My company attorney says that job experience difference puts me in different category and it is not considered as same or samilar job. Is it true?

3. Does the EVL should describe the sarlary, job duties, starting salary, current salary, experience required, etc...?

Thank you in advance,
 
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I know I have not updated my signature for a long time. So sick of all the EADs and APs.

One more question. Our APs expired long time ago. I stopped applying for the new ones. Will this cause a problem at the interview. We do have valid EADs.
 
aakupachha said:
I know I have not updated my signature for a long time. So sick of all the EADs and APs.

One more question. Our APs expired long time ago. I stopped applying for the new ones. Will this cause a problem at the interview.

------------AP has nothing to do with I-485 interview.
We do have valid EADs.
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aakupachha said:
I appreciate any help I can get. My spouse and I got I 485 interviews in few weeks.
1. I never invoked AC21 until now as my company attorney mentioned that it was not necessary. Should I provide a letter at interview to invoke AC21 or submitting Employement letter is enough?
----------------------------- Take the new employer Latest Permanent job offer letter with same/similar job duties and if officer ask provide the letter. also 2-3 latest Pay stubs and tax papers
2. Also, my labor shows that 2 years exp (Eb3) is required. My current job required 5 years experience when I joined. Does this consider as same or similar job occupation? The job duties are same.
-------------------------------------On the Job offer letter job duties should be Same/Similar. GC is for Future job and not for present job.

My company attorney says that job experience difference puts me in different category and it is not considered as same or samilar job. Is it true?
------------------------------------------we dont know your full details. if you dont belive your Company lawyer hire your lawyer and seek advice
3. Does the EVL should describe the sarlary, job duties, starting salary, current salary, experience required, etc...?
----- Date you joined, Job title, Job duties, Annual Salary, Signature of employer, designation. Letter should have date on it. Go AC21 related threads and SAMPLE AC21 Letter has been posted many times.
Thank you in advance,
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aakupachha said:
2. Also, my labor shows that 2 years exp (Eb3) is required. My current job required 5 years experience when I joined. Does this consider as same or similar job occupation? The job duties are same. My company attorney says that job experience difference puts me in different category and it is not considered as same or samilar job. Is it true?
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That's not different enough to violate the "same or similar" criteria. AC21 includes "or similar", it doesn't require "exactly the same".

And the job letter doesn't need to list the required years of experience anyway.


3. Does the EVL should describe the sarlary, job duties, starting salary, current salary, experience required, etc...?
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Job title, job description, employment start date, current salary should be sufficient.
 
ginnu said:
2. Also, my labor shows that 2 years exp (Eb3) is required. My current job required 5 years experience when I joined. Does this consider as same or similar job occupation? The job duties are same.
-------------------------------------On the Job offer letter job duties should be Same/Similar. GC is for Future job and not for present job.
Click to expand...
However, the current job is being used for AC21 purposes, so the current job is the relevant job in question. The current job is also expected to be the future job.
 
Thank you Ginnu, Jackolantern and justdoit.
I requested a letter from my employer as suggested above (without the education requirement or experience required).

Ginnu or Jackolantern
My case is very straight forward. Old job and new job has same duties. old title is prog/analyst. The new job/current job required 5 years exp when I joined as a sr. soft. developer. My company attorney thinks that this new job will come in EB2 category becuase it requires 5 years exp. So requested my company not to state the exp required on the employment verification letter.

Do you think USCIS will cosider it as different category and will treat this as not similar job?

Thank you
 
I agree with justdoit and NOT with your Lawyer.
USCIS only need the same/similar job duty/skill letter for AC21. (no need of BS degree or Master Degree or 3 year EXP or 5 year Exp on AC21 letter)
Here is Sample AC21 letter that you should get:

TO WHOSOEVER IT MAY CONCERN


April 14, 2010
Dear Sir/Madam:

This is to certify that GABBAR SINGH is a permanent employee at our company RAMGARGH Inc.

GABBAR SINGH has been with us since Month/ Year. His annual salary is XXXXXX, and his job duties include:

AAAAAA, BBBBB, CCCCCC, GGGGGGGG, HHHHHHHH, LLLLLLLL KHLGDF, LIGHJNHGBVF, BNHKKIIDSSAAAS, GHWIIFFCCVV, BBBB, VVVSD, CCCKLOPDS, FFFIIIIIIIII.<<<<<<<, ???????, FFFF

We expect to continue employ Him.

Accordingly, we respectfully request that you grant his approval of the I-485 application/Immigrant Visa in order for him and his family to obtain their permanent residency status soon. Thank you for your assistance.


Sincerely,




SAMBHA SINGH
President,
RAMGARH, Inc
 
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A simple letter as ginnu posted listing you as an employee of the company with salary paid and job duties and that the employment is expected to continue is all you should offer.
No need to worry about education and experience unless they explicably demand; in that case you can come here again and request more feedback.
good luck.
 
Thank you Ginnu and Justdoit.

What documents should I take to the interview? I am planning to take the below.
Birth certificates, marriage certificate, all H1s and H4s, EADs and APs, W2s, Tax Returns, paystubs, emp verification letter, passports, driver’s licenses, US born children brith certificates. All original and copies also.

Did I miss anything?

I aprreciate your time and help.

Thank you
 
aakupachha said:
Thank you Ginnu and Justdoit.

What documents should I take to the interview? I am planning to take the below.

Birth certificates, marriage certificate, all H1s and H4s, EADs and APs, W2s, Tax Returns, paystubs, emp verification letter, passports, driver’s licenses, US born children brith certificates. All original and copies also.

Did I miss anything?
----If any I-94 take that
I aprreciate your time and help.

Thank you
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That is enough, the officer is just going through form I-485, will first ask for DL and Passport then will check Name, DOB, address on I-485(you can update the address if I-485 form has old addres)and may ask Employer job offer letter. Provide what is asked. He may ask where you work. He may ask if Job duties are Same or Similar with new employer and your answer should be "Yes" if AC21 letter has same/similar job duties. Once he approve the I-485 then officer will ask for Valid EAD and any I-94/AP and will stamp your Passport and will take your thumb prit and Signature on white form(that form is sent to Service center and Card production unit.
Good Luck!!

**Update your EXP for others.
 
Ginnu, Thank you for your help and wishes. My PD is not current :(
My Interview was simple. Officer asked for the new address. Asked if I was still with the employer who started my green card process. When I told her that now I work for a new company. She asked about the Job duties and asked me to explain the job duties like I would explain to my child. Officer asked for EVL. That is it. My spouse has a 601 pending so the officer asked some questions related to it. And then she said we have to wait until the Visa numbers are available.
 
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