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I-485 Material misrepresentation
- Thread starter doubleds
- Start date
in labor certification section “C. Employer Information” there is a question “9. Is the employer a closely held corporation, partnership, or sole proprietorship in which alien has an ownership interest, or it there a familial relationship between the owners, stockholder, partners, corporate officer, incorporated, and the alien?” my company answered the question “No”
and at the end my company and I signed the document
and at the end my company and I signed the document
As far as I understand, your signature means sections J and K are correct to the best of your knowledge. Your question is from section C and you are not responsible for correctness of that statement. That means that you did not misrepresent anything, your employer did
whitemimauz3
Registered Users (C)
Whether employer or employee had misrepresented is not an issue, point USCIS is making is, in ETA 9089 there is material misrepresentation about ownership and end beneficiary is employee. I would say convert those stocks to cash and say these are nothing but monetary benefit employer provided for taking job. You are right alien declaration is pertaining to section J & K which is mostly about alien's biographic details, education and work experience. Employer is and will be responsible for any material misrepresentation in section C. I do not think mere transfer of non voting stocks to employee who absolutely has no say in day to day business operation & management should be construed as part of management or ownership.
Jackolantern
Registered Users (C)
I would say convert those stocks to cash and say these are nothing but monetary benefit employer provided for taking job.
It's too late for that now. They weren't converted to cash at the time of the LC or I-140 processing.
Is it ismoprtant for EB immigration for this particular empolyer only. It will not do any harm for immigration by other means. Also, you do not say on I-485 that YOU misrepresented anything.
If you could still appeal (have not passed deadline) LC, you could do it challenging the word "willfully"
If you could still appeal (have not passed deadline) LC, you could do it challenging the word "willfully"
Jackolantern
Registered Users (C)
Is it ismoprtant for EB immigration for this particular empolyer only. It will not do any harm for immigration by other means.
But they're giving a problem with the OP's marriage-based I-485 because of that LC issue.
This type of denial is not legitimate. You signature on LC related to specific sections only, you did not have even to read other sections. Write an appeal stating you did not read them because instruction makes you responsible only for 2 sections. So, if they say you made a misrepresentation, if was not willful anyway