New employer qualification to satisfy I-485 RFE

R

roadtest

New Member
very appreciated if anyone could shed lights on this question.

I got laid off last week, and my i-485 has been pending for more than 10 months (RD is 10/4/01). So obviously, to prepare for the worst case, i.e., RFE from VSC for employment letter, I need to find a job asap in a similar position.

A friend of mine, a GC holder, and I started up a company last month (LLC formation) in Delaware. so I have partial ownership of this company. (I guess there is nothing wrong here, right?). So my question is, could this new born company provide me an employment letter and employ me as one of its initial employees? Is there any qualification requirement, in terms of financial strength, existence duration, number of employees,etc, on the company that will provide the employment letter to satisfy i-485 RFE?

thanks a lot.
 
Here is one logical reason why an IIO might get concerned about a very small company.. especially when you are the one who opened the company:


Anyone who loses his/her job during I-485, can start a token company by registering it in delaware ( you don't even need a second person for that :)) and show an employment letter from this company in case of RFE.

Will IIO accept this as a valid case and approve: maybe ..or maybe not ( I would be concerned if I were the IIO).


AS for my opinion, try to find a job in a company with some revenues. And if nothing works and you got RFE , use your own company as the last resort (might work who knows)
 
I think roadtest has a point here

If employment letter is signed by his partner, how would INS know that roadtest is also the owner of the company?
 
You don't need a partner ( one can open a company in spouse's name ) or something to sign stuff.

One of the thing that INS would be interested to know is if new company has revenues to support the employee for which they are issuing this letter.

Will INS check this in his case? I don't know and thats what I said in my opinion to use only as last resort.
 
I agree with the revenue problem. If company does not have revenue to support, it should be a problem.

However, opening the company with sole owner as roadtest or his wife, it will not work. Because, letter will have to be signed by either him or his wife, who are direct beneficiary of the GC.

If he opens a company with his partner and his partner signs the job letter. How would INS know about it?
 
INS wouldn't know about it and thats why I said it might work .

But my friend, INS may conisder this as a fraud in case they launch an investigation. Recently they arrested a lawyer who filed for many H1Bs (hundreds of them) in name of some restaurants that they need guys to work there ( all false claims).

Did they get caught when applying for H1B: No (in fact they got approved). But months later INS launched an investigation and lawyer is in jail and H1Bs are getting ready to be deported.

Conclusion: if you can do things in a legal way.. why not. Use your company or friends company only as the last resort .

BTW: If your company has revenues that can support you , you can sign your own letter of support. I do not see anything wrong with that. do you? Its all "REVENUES" thats the key legal word.


Hope this helps.
 
I will take Vivekm advise little further and cite one of my friends example concerning Company's revenues, but before you read any further let me caution you that he encountered that at I-140 stage, so I dont know if INS will be checking for company revenues at I-485 stage.
My friend was working for a company owned by his college senior(a GC holder), he applied his Green Card thru that and at I-140 stage INS asked to furnish financials of the company which his lawyer did but unfortunately his I-140 was rejected on the pretext that company does'nt have substantial revenues to pay him. His senior(and company owner) has shown annual revenues to be$20K greater than his annual salary.

By the way all this happened at INS-Texas.
 
Too Risky .....

I think its good idea to go with a company that can handle any kind of RFE to play it safe. There is a lot of risk with the new born company especially when they have not even filed tax atleast once. Just a thought.
 
May we should ask this question to a Lawyer

I think it is a good Idea to ask this issues to a qualified lawyer. If they want revenue how much revenue then the compnay should have. I have the same situation. I am the only emplyee of the company but I am earning some revenue for the company. It is a company opened by one of my friend who was still in H1b. But now the company has a green card partner. JimMIlls or any body please help
 
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