Interesting case - Please advice

[house]

Hi guys,


I had applied for my employment based GC in 1997. In 2000 I had my LC and I-485 done but had to leave the country since my H-1 visa expired. I immigrated to Canada and am now a Canadian Perm Resident. I applied for CP before I left. In March 2003 INS sent me a letter stating that my case has been transferred to NVC.

My question is 3 years have passed since I left my company. Can I present an employment letter from the same company which did my labor? What if they do not have a position available? Can I find another job and present an employment letter from another company? Or can I present a letter from the same company but a different branch?

When is the employment letter presented during the CP process. Do I need it for Packet 3 or packet 4? what do I say during the interview if I am currently not working with my employer?

Please help.

Any replies / responses will be most appreciated.

 

[Rajeev Kumar]

You are in trouble...

unless you can get a job offer with your sponsor! With CP, you have to work for the same company that sponsored your labor certificate and draw a salary at or above the salary mentioned in LC. Your job description and location must be the same as well-because the LC is employer and location specific. There are caveats ofcourse, if your company merged or was taken over by another company, the new company will become the successor in interest and can continue sponsoring you. Now, for your old I140 to work, you need an employment letter and offer from your sponsoring employer with the same job as described in you LC.
The employment letter is needed at the time of your interview-but with Canada, you may need to submit it with your packet 4. You can always say you will work for your employer after you immigrate as the GC is for a future job. Hope this helps.