Ac21 - Rfe/evl

F

flamboyant

Registered Users (C)
Hi Everyone,

My Green card has been processed by Comapny A and recently I have started working for another company B using EAD /AC21 rule, awaiting approval.

I have very good relationship with Comapny A who sponsored my green card. Due to unavoidable reasons I had to join Company B to keep my contract/job and I had the permisssion from Company A to switch job.

Well, here is my question -

If I get a RFE and ask me to submit Employment Verification Letter and if I am unable to get this letter from current company B -

Q1. Is it okay to submit this EVL from Company A since GC is for future job position?

FYI - Comany A still has this position open and they intend to hire me in a permanent capacity after GC appoval and thru them(company A) I got my labor & I 140 approval. Ad they are ready to give this letter.

Please answer my question....
thanks all of you in advance,

- Flam
 
flamboyant

If you get into a situation where you cannot provide letter from company B, then you can submit letter from company A. Since company A originally filed the petition and I-485, there would be an issue as to why you left the company and why you would join it again after GC. That would raise a flag but not sufficient enough to deny the case. Your case will most likely get transferred to local INS office. There is one advantage with local offices. It might be an additional processing time but all they care about is if you have empl letter from ANY company in US, as long as it meets the requirements in labor petition close enough.


My friend who worked with IBS, filed GC, left it during I-485. Received RFE, took letter from IBS stating that he WILL join them again after GC approval. His case was transferred to local offfice. By interview time, IBS changed it's mind and refused to provide letter again. So he took letter from his current employer. The officer did not even bother to look at the letter. The officer just asked if the applicant is still in the software programming field and when my friend said yes, the officer seemed satisfied and joked that he won't care unless the applicant is working something like an electrician. The case was approved and passport stamped.
 
thanks gcard2002

Thanks gcard2002, you cleared my doudt.
I will not have any problems in getting letter from Comany A irrespective of interview at local INS offfice or at the NSC service center itself.

Thanks for your input.

- Flam
 
In the same lines....

If one decides to go back to company A, after joinning company B using EAD, how is that treated.Iam in a strange situation.So legally can we go back to the original company after using the EAD with someone else, before the final adjudication.What are the pros and cons of this.

Regards,
Sidhdhi
 
I have a small question here..What If I use H1B(I mean filing for transfer of H1B to company B) insted of using EAD when switching companies??
 
Helllo Senior guys and Gurus,

Could any one answer my question please..This is really urgent.

I would appreciate ur replies.

Regards,
Sidhdhi
 
sridhdi

Why not. You can...

You can go back to any company as long as you have the same title and role. It can be your old company who sponsoed your GC, so you will be using your EAD again to work for the same company. That's absolutely fine.

You might need to submit a employment verification letter from your new company agin(in your case, it's your old company who sponsored your GC) if and only if you get an RFE for employment.

After going back to your old company(using EAD), you may need to inform INS about switching employer using AC21 rule.

Hope this info helps...

- Flam
 
no problem

As long as company A provides employment letter and If you join Company A after green card approval it is ok.

INS will not ask you where you had worked and with EAD or else.

It will only look for your working relationship with sponsor after you got your green card. ( i.e. you should work for you sponsor after getting GC )

I don't see any problem with the situation you mentioned.

If you fell not comfortable, start working for Company A before you get an RFE for employment letter.
 
Thankyou once again for your replies.Currently I am with my original GC sponsoring company only.But before that, I left the company, worked for someone else and came back to the original company as my labor got certified.Now my EAD is approved.The only reason I need to join another company is that he is the middleman who is forcing me to join him.So to save my job if I might have to join him.So I need to know the advantages and disadvantges keeping my situation in mind.

My 180 day period is over from the notice date of My I 485.

Also there might be a hike in the salary too.But this again could potentially be a problem right?.So Iam confused right now.I dont know how much co-operation my original company would extend.

So worst case scenario I will have to invoke AC21 without any support from the original company. I will try to get as much support as possible though.So what precautions do I need to take.

Please advise......

Thanks a ton.

Sidhdhi
 
new dimension

I used ac21 and joined the new company. is it necessary the letter should be from this company?
Can i get a letter from any other company for future employement as long everything else is the same

regards
 
letter form some other company(perspective employer)

It's fine as long as you get a letter from a company who is inteterested in hiring you as a full-time permanent employee with the same title and role after your I485 approval. Make sure you get the same or more salary that you have already mentioned in the labor.

The letter can be either from your current company or any other perspective company who intend to hire you after GC approval.

You may need to talk to your attorney for legal advice.

thanks,
- Flam
 
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