I got laid-off after my LC was approved and then my company agreed to continue the sponsorship, as per their assurance I filed I-140. Now at this point, my I-140 is approved and the company is not issuing me the employer letter needed. Can I file my I-485 independently without the employer letter. I\'m working for another company right now with a different H1B.
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
HELP NEEDED URGENTLY! I-140 approved, employer is not issuing the letter
- Thread starter Nuzhat
- Start date
Some thoughts.
While filing I-485, you also have to file Personal Biographic form in which, you have to indicate your employment history both past and present. This form itself will indicate to INS that you are not with the sponsering employer. So why not include the current employment letter with the I-485 filing and be true upfront. The entire employment based GC process is based on the underlying LC (and I-140) and AC21 states that this LC (& I140) remains valid with the new employer after 180 days as long as the new job is same or similar. After 180 days, how does it matter whether at the time of filing you had a job offer with the "sponsering employer" or not? How does it change the end-result in any way? The GC approval under the AC21 pretext is unpredictable and nothing can be said for certain.
This is just my view-point and not a legal advise. Please consult a few lawyers.
While filing I-485, you also have to file Personal Biographic form in which, you have to indicate your employment history both past and present. This form itself will indicate to INS that you are not with the sponsering employer. So why not include the current employment letter with the I-485 filing and be true upfront. The entire employment based GC process is based on the underlying LC (and I-140) and AC21 states that this LC (& I140) remains valid with the new employer after 180 days as long as the new job is same or similar. After 180 days, how does it matter whether at the time of filing you had a job offer with the "sponsering employer" or not? How does it change the end-result in any way? The GC approval under the AC21 pretext is unpredictable and nothing can be said for certain.
This is just my view-point and not a legal advise. Please consult a few lawyers.
vscwaiter100
Registered Users (C)
No Title
Unfortunately, without your employer\'s letter, I485 will be denied. You may want to consult a lawyer immediately to see if they can keep the original LC and re-file I-140.
Unfortunately, without your employer\'s letter, I485 will be denied. You may want to consult a lawyer immediately to see if they can keep the original LC and re-file I-140.