Help to interpret this requirement for 485 interview

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kulkarni_ash

Registered Users (C)
I have to attend 485 interview end of October, this is EB3 485 application,

This is my case history

Joined company A in June 2001 on H1B
Filed 485 in June 2005 with sub labor EB3 category through company A
Joined company B in December 2009 and filed AC21.

This is the what is specified in appointment letter
IF YOUR INTERVIEW IS BASED ON AN OFFER OF EMPLOYMENT, ALSO BRING:
• A copy of your employer's last 3 federal income tax returns, IF your current employer is not the original petitioner


So do i have to take this record from my company? I am currently employed with B,
Is this interview based on OFFER of EMPLOYMENT? since this is where i will be working if 485 is approved?

How to interpret this requirement, is it required or not????
 
kulkarni_ash said:
I have to attend 485 interview end of October, this is EB3 485 application,

This is my case history

Joined company A in June 2001 on H1B
Filed 485 in June 2005 with sub labor EB3 category through company A
Joined company B in December 2009 and filed AC21.

This is the what is specified in appointment letter
IF YOUR INTERVIEW IS BASED ON AN OFFER OF EMPLOYMENT, ALSO BRING:
• A copy of your employer's last 3 federal income tax returns, IF your current employer is not the original petitioner

------------------ Take the company B 3 federal income tax returns.
So do i have to take this record from my company?
-------------Yes from B
I am currently employed with B,
-------Take latest 3 year federal income tax returns from B
Is this interview based on OFFER of EMPLOYMENT? since this is where i will be working if 485 is approved?
-------------------Yes.
How to interpret this requirement, is it required or not????
----------------It is required as you are working with B and filed AC21 with B job offer letter. They want to see Ability to pay from Employer B.
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Take your IRS transcript for last 3 years and take latest Job offer letter from B with same/similar job duties. I know about a case who filed AC21 2 years back and at the time of Interview they again asked AC21/Job offer letter. It does not mean they will also ask you the same but it is better to keep Latest Job offer letter. Reply what is asked and provide only what is asked from you at the time of Interview. The officer is going to ask you your Passport and ID then he/she will go through the I-485 form(if moved after filing I-485 inform the new address and officer will write on I-485 form) they will just verify the information on form I-485 and YES/NO questions from you.
 
Since they want to see ability to pay (and B is unlikely to provide corporate tax returns) then just provide evidence that you are being paid the LC wage.
 
It is a private company, about 500 employees, so it has good balance sheet for sure, but i dont think they will share tax returns, i will ask.

What is LC wage, how do i prove they are paying it,

Is there any other way to show company is healthy and making profit,
 
Take your case to company B HR and try, maybe they will provide you the tax returns.
If not I would say take your pay stubs for last 3-6 months, and if possible obtain a letter from HR that Company B cannot share such confidential information. Also, carry a copy of your AC21 documentation that you had mailed them in 2009.
As TheRealCanadian pointed out, your current salary you should meet or exceed salary mentioned on Labor Application
 
I make more then what LC says, i have 10 month of payslips to prove it, i spoke with HR and asked them what they can do, let see
I have already have the letter which i sent for AC21,
 
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