Please Help - RFE in I-485

sdimmig

Registered Users (C)
Need help. I received a RFE on my pending I-485. I need advises from you gurus. Let me explain my situation first.

1. I was working for a company A until Mar 2002. Company A filed my labor certification on May 2001 and was approved by Apr 2002.
2. But by Mar 2002 I have to join company B. I am working for company B since Mar 2002.
3. I requested company A to continue my green card processing. Company A agreed and filed my I-140 and I-485 concurrently on Oct 2002. By that time I am with company B for 7 months.
4. Now I received a RFE requesting for employment verification letter from the current employer.
5. The RFE goes like the below
“Submit a currently issued letter or other evidence from the prospective permanent employer that indicates your current position, if any, your proffered position, and proffered wage and indicating that the terms and conditions of the employment petition continue to exist.

If you have changed employers since filing your application for adjustment of status, the letter shall be issued by your current and new prospective permanent employer. This letter must specify the duties of the position, requirements of the position, job title, wage and the date you actually began employment”

6. Now there will not be any problem of getting a letter from sponsoring employer (company A)
7. I need an advice from you gurus whether to get the letter from Company A or Company B
8. Will there be any problem if I give the letter from Company B? (my start date was earlier than the I-485 filing date, but I perform the same duty)

Please help me. Thanks
 
Is you I-140 approved? If it is then you can send the employment letter from current employer ( i.e B ). It will be a pure AC21 case.

If your I-140 is not approved yet then send a employment letter from company A stating that they still have the position open for you and will pay the proferred wages as it was stated when you sent in the original 485 app or the LC wages. The letter also should specify that you will doing the same job for which the LC and the I-140 was applied for. Also you will have to work for company A after your GC has been approved.
 
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