Help plsssss

G

gc_avm

Registered Users (C)
Got RFE dated 11/19.
Ask for 3 months pay-stub, W-2, employment letter with continued employment.

Actually i used AC21 and left my sponsoring company after 9 months, right now working for hourly rate paid W-2 company.
I am not able to get the letter with continued employment, instead just got letter saying that working 40 hours per week and earning $xx as my hourly rate and joined on XXXXXXX.
But, i have continued pay-stubs to prove that i am working with out any break..

I am still using my previuos company lawyer to send the RFE and they say that is letter is suffice.


So, did anyone send a letter to INS like this and got approved/denied/rejected?

Pls help me
thanks
 
gc_avm:

Though I am of not much help I will post my comments:

Did you ask ur employer about "continued employment" in the letter?

If they are not willing to give one(as do the hourly paid), there is not much use in asking them.

If your lawyer says, it is ok(ur lawyer sounds very much as mine) and if u have confidence in him, just send it. If (god forbidden) something worst happens, you can always reopen the case using a good lawyer.

Or get another lawyer's opinion. Probably you may get a continued employment letter from your previous employer, if you are in good terms with them.
First get a second hand opinion from any other lawyer. Do not reply in haste.

INS gives 12 weeks to reply for the RFE.

All the best !!
 
Small advice

I agree with Roran.

Try to talk to your current employer to write something like " we expect that the current job will be available to him upon granting of his permanent residence", instead of the stronger "the current job will be available to him ...". See if he agrees to that.

Talk to a second lawyer though, and see what he/she says. I talked to S. Murthy's office.
 
thanks roran and rav8tor

rav8tor,

is it easy to get murthy office in phone and talk with them?
any idea how much they charge?

thanks
 
gc_avm:

I fixed an apptmt with LOSM and then cancelled it as I was satisfied with the letter I got from my current employer. LOSM charges $150 for any of the lawyers(they have 5) and $200 for Sheela Murthy for personal/telephone for 20 mts. If you go with them within 30 day period from consultation, they deduct the initial consulation fee from the legal fees.

I am also posting a format from viraus:

U.S Department of Justice
Immigration and Naturalization Service
Eastern Service Center
75 Lower Weldon Street
St. Albans, VT 05479-0001


Re: Application to Adjust Status for



Dear Sir or Madam:

This letter is written to confirm our continued intention to offer the
permanent position of Software Engineer to XXXXXXXXXXX when he becomes
eligible to accept the position. He will be employed on a full time
basis
and will be paid an annual salary of $$$$$$$$$$$$
He has been in our Employment since June 19XX.
His duties remain the same as stated in our labor certification
application
which include designing developing and implementing computer software
systems, while applying principles and techniques of computer science,
engineering and mathematical analysis. He will analyze blah, blah,
blah xxx
x xxxxx

Should you have any questions, please feel free to contact me at
814-xxx-xxxx
Very truly yours


=============================================

Hope this helps.
 
roran,
i really appreciate u r help, but getting letter for me is really really tough, because they are stubborn in giving letter like this..
so, probably i think i can use LOSM help in getting some advice on this or it's not even tough to get future employment letter from my previous company, but if i get that i dont need to send the current employer letter?
how that works?

thanks
 
You

have to consult a lawyer for the previous question. I do not know how that works. Schedule an apptmt for personal consultation with LOSM and keep your labor copy and current employment letter with you when you meet them. Explain ur situation and see what they say. I was just thinking in those lines if I was asked for continued employment.
 
To Roran & others

Can the continued employment letter be obtained from present company who is not the sponser??..(Switched from Comp A(sponser) to comp B using AC21)

Pls clarify..
 
Of course

you should get it from the current employer and not from previous employers. Since gc_avm is not able to get one from current employer, all these discussions took place.
 
gc_avm,

Probably you have tried these already! But, I 'll ask anyway. Have you tried to tell your company that this kind of a letter DOES NOT bind them in any way to have you employed there for ever? In general, companies seem to be reluctant to give any letter that even remotely sounds like they intend to keep the employee for ever. In today's world and specifically in Corporate America, NOTHING is permanent.

The RFE, I think, asks for a letter indicating the "prospects of continued employment". For this requirement, my company issued a letter stating exactly that "the prospects of continued employment are good"; nothing more and nothing less. See if they would even settle for a letter this!

I see roran's letter stating the same in flowery language, but essentially the same. If the company is afraid of being that elaborate, then they could just make it a simple one as shown above.

I don't know what these companies are afraid of!!!

-Palaniappan Rajaram
 
Thanks Palaniappan,

I really appreciate your help, but even writing full-time in the letter, they are afraid and they just said 40 hours per week..so i dont' think they can give something as u said...also they have mentioned only hourly rate not annual salary in that letter...


still i am trying to get the opinion from my attorney..not sure what he will comment..

thanks
 
gc_avm

I got a RFE about same stuffs as yours. I gave my lawyer a letter with current employment. But my lawyer said I must give INS the letter with continued employment, that's exactly what INS asked. So I had to give him a new letter.

I believe you must do your best to get a correct letter.
 
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