Jaxen,PCEE,Mill, SillyMan, all the experts, Please help

H

hassoon

Registered Users (C)
I have interview after 2 weeks, I lost my job one month ago with company B. before that I changed jobs from company A to B because of lay off in A only 2 months after filing the I485. Company B is refusing to give me employment verification letter as of today, but they are giving me these options:

1- either they give me employment letter dated on middle of June. one day before I left. In this case if the immigration officer asks about pay stubs, I don't have recent ones.

2- they give me a letter of job offer with starting date that is say 2 weeks after the interview date. the company says that this is better since it explains that I don't have recent pay stubs.


Please advise me of the best option,

OR if you think there is more options please let me know.
 
hasson,

Try getting both. GC is afterall for prospective employment, and for this take a lawyer with you or atleast consult one.

Also, to sway the interviewer's opinion, carry every single paystub you have, and tell him, you've just been unlucky to loose your job right at this point, otherwise you were continously employed without any issues.
 
The second doc.

Just my own opinion:

If you can choose only one letter, I think the second letter may be better because you can argue along the line of future employment. However, prepare for questions as to why you lost the job very recently and now the company is offering you the job again.

Pay an attorney (maybe $1000/visit or more) so that the attorney can fight for you in the interview. It's not a good time to save money, especially after such a long and boring journey.

Consult a GOOD attorney about the letters before you talk to the company.

Certainly, if you can get both letters, that would be even better.
 
hassoon, Please consult an attorney before you talk to the company. When you contact the lawyer ask him some tough questions to make sure he knows what he's talking about. Some lawyers are very incompetent
good luck
 
Thanks so much guys,

I really appreciate your input, I already agreed with one attorney to take the case, he is not really good, but he is the best in the region. He did not want to give me quick opinion, she said he needs to study my case first. I will do my best.

Thanks again guys
 
Was there a gap ...

Hassoon,

Some other thoughts crossed my mind when I saw your post.
like,
1. Was there a substantial time gap between your end date at Company A and your start date at Company B ?

2. You said you left Company A after 2 months of filing for 485. Did you get your EAD within that time? Or was the H1 for Company B ready by then?

3. You have an interview in 2 weeks. What is your fallback if your lawyer takes a long time to 'study' your case and comes back and say he wont take it?
 
Answering to your questions

gcwaiting007, here are the answers to your questions:

1. Was there a substantial time gap between your end date at Company A and your start date at Company B ?


There was no Gap at all, in fact there was a small overlap, but I will tell them about the overlap, I would just say that there was no gap at all, which is absolutely true.

2. You said you left Company A after 2 months of filing for 485. Did you get your EAD within that time? Or was the H1 for Company B ready by then?

H1 with B was ready after only one month of filingI-485. When I joined Company B, the H1 was ready. I had my EAD 3 months after Joining B.

Oh, can I say that I joined Company B on EAD which is about 5 months after the filing of !485. and not mention the H1 at all, can I?

3. You have an interview in 2 weeks. What is your fallback if your lawyer takes a long time to 'study' your case and comes back and say he wont take it?

THen I will go without a lawyer, my interview is in Spokane, WA, even though my case was with CSC. Here, there is only few immingration attorneys, and most of them have not done employment based cases. I have no choice, but still much better to take attorney than go alone, even though I know that I am better than him! Please tell me what you think.
 
I agree with others

You might not have any problems at all at the interview, and I sincerely wish so.

But just trying to be the Devil's advocate (others can counter my points, in fact please do):


IMHO, if it is possible to get a future employment letter from Company A (yes, I mean your first firm, the one that sponsored your 485) that is even better than from the second company B.

Also,

1. Since you switched before 6 months of I485 filing (or before the AC21 provision kicks in), probably there could be a serious question or two about that. In fact, I even suspect that it is not allowed. I am not trying to scare, but can any of the more experienced board members confirm, please?

2. There could also be questions about your 'Intent'. That is, Company A sponsored your 485, but until last month you were with Company B, they might question about your future intent of employment. This is where a letter from Company A might help. Then you can tell them that Company A had some economic trouble (who doesn't have in this market) but your intent as well as their intent is the same that you work for them in nearest possible future.

3. I would advise that you have a 'dress rehearsal'/mock session with your lawyer about the upcoming interview. Also, I feel it is worth the trouble and money to discuss with a real experienced lawyer (e.g. Mr Rajiv Khanna, Ms Murthy, etc.) In fact, I believe they can even guide your local lawyer about some of the points in case (s)he is new to such things.

4. Also, most of the times we concentrate on job related issues, but be ready with all other information related to 485 as well. It is better to be overprepared than under-prepared. Especially since most of the guys who will be interviewing you are 'logically-challenged'

Good Luck!
 
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