Employer not filing I-485. Anyone else?

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boxer

New Member
After waiting for 4 years with the same employer, the PD became current. Now the employer - a medium size company, is finding one reason after another to delay my filing of I-485. The deadline for us to file in june 30th as we don't know what USCIS will do in the next visa bulletin.

Anyone in the same situation and what can be done?
 
I am in the same boat. Is there any way we can file 485 ourselves without the employer....please reply.......

thanks!
 
EVL - Employment Verification Letter

One of the required document in filing I-485 is EVL - Employment Verification Letter which you have to get it from your employer. (I hope you have a copy of your approved LC and I-140 as they are also required as a part of documents) That is the only document you need from your employer. If they don't issue right now and submit I-485, then you will probably get an RFE for EVL at the latter time. By that time if you have passed 180 days then you can switch the employer using AC21 and submit the EVL from the new employer and forget about your current employer and his EVL. I think it is doable, but it does have risk of getting RFE/NOID etc.

What I would suggest is,
1. Prepare all the documents except EVL.
2. Wait till new visa bulletin publishes.
3. If your PD does not stay current and your employer does not give you EVL then file without EVL using your own attorney.
 
Same situation

boxer said:
After waiting for 4 years with the same employer, the PD became current. Now the employer - a medium size company, is finding one reason after another to delay my filing of I-485. The deadline for us to file in june 30th as we don't know what USCIS will do in the next visa bulletin.

Anyone in the same situation and what can be done?
Click to expand...

Hey i am also in same situation. the difference is my dates are current all the time.
EB2 -ROW
PD May 2004
AD Oct 2006
Submitted all documents to employer to file 140/485/EAD/AP in Dec 2006
8th yr extension filed Jan 2007
RFE April 2007
Employer wants to wait till H1 approval.
Hope to file 140/485/ead/ap before retirement and i am only 30 yrs short of retirement. I have tried all the ways to convince to file but failed.WIth new labor laws will it be easier. How can i do it?Any inputs.thanks in advance.
 
Thanks for the reply. As you said you need a copy of labor and I140. I just have a copy of I140 and not the labor. if there is any RFE does it goes to the company or it comes to me..What should be the content in Employment Verification Letter...Please help guys...

thanks!
 
waiting i-485 is your petition. Any rfe goes to you or your lawyer (whoever you file for with g-28)
EVL is very simple (at least mine was)
It just says the position still available, states your job position, salary and that the position is full time.
 
waiting1977 said:
Thanks for the reply. As you said you need a copy of labor and I140. I just have a copy of I140 and not the labor. if there is any RFE does it goes to the company or it comes to me..What should be the content in Employment Verification Letter...Please help guys...

thanks!
Click to expand...

No need of labor. Copy of 140 is enough.

I know of one guy who filed his 485 with a copy of the 140 approval notice. Pending since 7+ months(no RFE).

I know of one guy on this forum who filed his 485 with a printout of the 140 approval message from the USCIS website. He got approved.

For EVL, both of them asked their employers for a generice current employment letter, saying they have to go for visa stamping and included it with the application.
 
When you say a generic employment verification letter stating that I am full time employee of the comapany making this dollar amount of salary..will that be enough...
 
My case

techbuyer77 said:
waiting i-485 is your petition. Any rfe goes to you or your lawyer (whoever you file for with g-28)
EVL is very simple (at least mine was)
It just says the position still available, states your job position, salary and that the position is full time.
Click to expand...

What to do in case 140 is yet to be applied and looking to file 140/485/ead/ap concurrently.Any inputs.Thanks in advance.:mad: :mad: :mad: :mad:
 
hey,

my employer is not ready to file for 485..he wants me wait..not sure how long..what you think..Even i was thinking of filing without employment letter. Do you have any idea what kind of RFE can we expect if they get to the application before 180 days...and if the RFE is for employment verification how could we handle at the later point..

thanks!
 
waiting I am not longer with the sponsor who filed my i-140 and my i-485. I worked with them for 4 years then got laid-off. they offer to continue my gc on the basis of future employment.
My lawyer and I discussed this as I have another employer also interested on me. He said is 10000%%% better to send EVL.
 
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