Interview in March with INS

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Jaadu

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Interview in March with INS - VERY IMP QUESTION

I have an Interview in March.

In the interview letter they asked for the Employment letter like this:
“ A current employment letter showing rate of pay, when employment began and hours worked per week for yourself, your petitioner and all joint sponsors”.

Is this normal in all the interview letters?. I am using the portability with the current employer and I left the sponsoring employer even before the approval of labor. Some of them said I might be at risk as Portability is only for people who left the Sponsoring employer after 6 months after applieng 485.

Any Comment will be helpful for this tormented Soul.
 
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Since you left your sonsoring employer even before labor- I guess you have some understanding with them. The best (maybe only) course of action is to show future employment with them- get necessary paper work from them for that.
The bottom line of GC is you must (or least have intention to) work for sponsor.
Your lawyer can also advice.
Your RFE is almost normal- I don't quite undersatand- 'all sponsors'.
HTH
 
I am using AC21

As I am using AC21, I am not intending to work for the Sponsorer but the current Employer. I left the Sponsorer long back before the approval of the labor only and they helped me in the other stages by sponsoring eventhought i didnt work for them.

So, do u think its risky for me to go with the current employer with AC21 who I am working for the last 2 yrs.
 
Jaadu

Did your former employer help you file the I-485 even if you left them before approval of labor?

Will your new employer issue you a letter stating that you started working for them 6 months after your I-485 was filed?
 
Did your former employer help you file the I-485 even if you left them before approval of labor?
-------- GC is for future job, it is not needed that the person should have been working with the former employer, one can leave before filing LC or after filing LC, I hope the poster got LC approved and filed I-140 (with help of employer) and then I-485, if I-140 is not revoked and I-485 pending more than 180 days the poster can use AC21.
Will your new employer issue you a letter stating that you started working for them 6 months after your I-485 was filed?

------- New employer has nothing to state when he/she joined them they have to give the future permanent job offer and for future permanent job one is supposed to work only after I-485 approval. GC is based on future job “offer” the employee can send the new employer letter to USCIS or can give the letter at the time of Interview and his present job title has nothing to do with future job title
you can read AC21 analysis from www.immigration-law.com (breaking news)
What Needs to be Proven by the New Employer:
The USCIS Memorandum states that it is not the actual job one has to prove. It is the "offer" of employment by the new employer. Accordingly, the Memorandum continues to stipulate that the I-140 can be portable and remain valid in certain context without actual job being taken with the new employer before approval of the pending EB-485 application. It states that legally the statute or regulation does not require the alien to take the I-140 petition employment until the pending I-485 application is approved. Obviously I-140 employment is a "permanent" employment as distinguished from a temporary job and a nonimmigrant is unable to take such job until the permanent resident application is approved. Accordingly, it appears that it is the new employer's "offer" of employment and "intent" to employ the EB-485 applicant upon approval of EB-485. It thus appears that the offer of "temporary" employment may not square with the interpretation of this part of AC 21 by the USCIS. It has to be an offer of employment "for the period of indefinite duration" and the new employer may have to make a commitment to hire the alien for the permanent employment once I-485 is approved.
Link to AC21 August 4,2003 MEMO:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
 
Thanks Ginnu

What Ginnu expressed is exactly the same situation I am in.

But Ginnu, In the Interview letter they mentioned this sentence for the Employment Letter. Do you think this is a normal to every one or specific to me:

“ A current employment letter showing rate of pay, when employment began and hours worked per week for yourself, your petitioner and all joint sponsors”.

Thanks in Advance
 
My questions were based off your question but then maybe Ginnu forgot to read that.

In the interview letter they asked for the Employment letter like this:
“ A current employment letter showing rate of pay, when employment began and hours worked per week for yourself, your petitioner and all joint sponsors”.

Anyways goodluck with your interview.
 
But Ginnu, In the Interview letter they mentioned this sentence for the Employment Letter. Do you think this is a normal to every one or specific to me:
“ A current employment letter showing rate of pay, when employment began and hours worked per week for yourself, your petitioner and all joint sponsors”.


--- It is normal they just want to make sure you are working, your current employer letter can show the rate of pay, date you joined him and hours you work the word petitioner is now for your current employer if you are working with him and using AC21, if you are working with the same employer who sponsored your I-140 then just get the letter with the info required. Remember you are not supposed to be paid the same wages as written on LC before your GC is approved employer can pay more than LC or less than LC salary before GC is approved, if the employer is paying less it is not a problem as LC or GC is for future job and if you use AC21 then recent AC21 Memo does not say anything regarding salary.
Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.html
If your case is AC21 then you should get a letter from new employer and it should state that you joined him as JOB TITLE on ABC date and currently you are being paid XYZ amount and they have indefinite future permanent job offer for you and you will be employed permanently after the I-485 approval the letter should be signed on letterhead and signed by employer.
 
Hi friends!!!

Ginnu, as I understand you are correct. We were told by our lawyer that the petition is for a prospective job, which means it is for a future job.
My wife is currently NOT working with the employer who filed the I-140, and is doing a totally different type of work. However, the original employer is willing to hire her once the I485 is approved. Do you think this would be a problem?

Thanks.

ND Sep.01
FP Not yet.
 
However, the original employer is willing to hire her once the I485 is approved. Do you think this would be a problem?
--- no problem submit letter from that employer, GC is for future job
 
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