just got rfe for employment letter and pay stub, please help

test485

New Member
Hi,

I received rfe on oct 17, it requires employment letter and pay stub.
but I changed job to another company after I got my EAD,
what I suppose to do now ? thanx for any input!

if I can get a offer from my old company right now? will they approve my case.

thanx
 
No Title

Yep. If your former empolyer offers you the same job as indicated on your ETA-750, things should be fine but be prepared for some twists.
 
No Title

I agree with EB3, get a letter from your previous employer and if they approve then you have to go back and work for your previous employer.

After how many days you left your previous employer after filing your I-485? If you left after more than 180 days then one of the provisions of the new law (S.2045) may allow you to continue with your existing employer if your new job is in same or simillar occupational classification. If you qualify for this, then please check your attorney.

I hope this helps...Keep us posted as how exactly you are going to handle this situation.
 
No Title

Some thought,
Will they look at when you changed to the new employer, ie. before or after the law S2045 came into force. Will it matter if you changed the job before the law came into force. This is not to scare you but one more question to check out, which may or may not be of use. Thanks.
 
No Title

I will keep you guys posted, if this can or can not work out?
could u guys tell me what the worst it can be ?

thanx

test485
 
No Title

If you fail to get a letter from your previous employer and if you cannot take advantage of S.2045 provision (please check this with your attorney) then in worst case you have to file new H1 from your current employer and start GC process all over again. If it comes to this then please file H1 first before you respond to RFE. I hope you have some time left on H1.
 
No Title

I left the sponsor company just after 180 days base on receipt date,
I have around 2 years left on my H1, but it\'s really hard to go back
to work for them anymore, the only good thing I have is I might still have a good relationship with the company. they may give me a letter, but not pay stub, except I agree to work for them full time.

do I have to apply H1 again? because now I already have ead. it has
11 month left. does it mean if they reject my 485, my ead also expired
at the same time!

thanx for your input
 
No Title

Quick question/concern: Is that provision in S.2045 retroactive? (i.e., applicable to all the petitions before the enactment)
 
No Title

You have to get a letter from your previous employer saying that they will rehire you in the same position for which your labor was filed once your I-485 application is approved and that should be enough. But once you are approved then you have to go back and work for them for some time atleast.

If you fail to get that then your I-485 application is no more valid and hence you cannot continue to work on EAD but you need to get new H1 and then continue working.

By the way, did you check with your attorney about that S.2045 provision? Even though that is not retroactive, without this provision you are supposed to go back and work for your sponsoring employer but with this provision you might not have to go back and work for them as you left them after working for them for 180 days. Please consult a good attorney.
 
No Title

Hi

Neil K

thanx for all of your input, I am really appreciate it, if my attorney
know all these trick, I will never need to ask on the internet!
 
No Title

I am just curious about why INS only asked some of I-485 applicants for most recent pay tub or a employment letter. How did INS know you have changed your job after your filing I-485, if you use your EAD ? What do you believe the most likely reason to catch INS\'s attention on this point.
ars99
 
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