Please help!!!!!!!

S

sajrg

Registered Users (C)
We received RFE for 485 today for employer letter, W2 , paystubs and tax return for 2003. I am working on H1 for another company and has not used my EAD. Which employer they are referring to? My company filing GC is not interested in hiring me because of the high sal. mentioned in LC? How should I handle this situation?
I am getting a good full time offer with another company from FEb end. Any help or advice regarding this is appriciated.Will my 485 be denied?

Thanks
sajrg
 
Request u to post more details about your application. If u have stayed with your initial employer for more than 6 months after your 485 was filed and if 140 was approved , all that u need to do is get a new employment letter from the future employer . The letter should state clearly their intention to hire u permanently , your duties should be as close to the duties mention in the labor application. I guess since u just received your RFE u should have at least thru end of March. So join the new employer and send in a few pay stubs as well. If u want to send it in earlier send as many docs as u can send to show that the new employer has the ability to pay. Also in most future employement cases , applications gets transferred to local offices for interviews. So be prepared for that as well. Seeing all the chaos that goes in the service centres i guess local office interviews are far better.

Good Luck

Cheers

Tanjar
 
I am not working with the employer sponsoring GC for the last 2 years (future employement). I transferred my H1 to this new company. It is a small company. But now I have another offer from another company but due to some personal reason they will hire me only after February 05. But that is also not sure.

LC RD 06/2001
LC approved 04/2003
I140/485 concurrently file 09/2003
I140 approved 04/2004
 
as per the yates memo clarifying AC21 a GC applicant need not work for the sponsoring employer at all. But at the time of filing the 140 the intent should be clear that the sponsor is going to employ the beneficiary. The onus in now on u to prove that with whatever documents possible. This may need some help from your sponsor as well in the form of a letter which clearly states they intended to hire u at the time they filed the petition on your behalf . So get with your attorney and get all the docs straight. If u think that your atttorney cant handle the situation go with good attorneys like Rajiv Khanna or Sheela Murthy. Every penny u spend is going to be worth it.

Cheers

Tanjar
 
Even if the employer is not going to hire you upon approval there is no problem in saying that they "intent" to hire you. Low salary is not a big problem unless you become "public charge" after approval. Salary mentioned in LC is future salary. EVL and W2 is asked to confirm that you are in US + working + etc etc. Not a serious RFE.

Negotiate this with your employer. The employer can lay off the same employee next day after GC approval or you may join other firm using AC21.

Ask your employer to give EVL and once this is over you may go ahead and join next job.
 
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Whom should I get the EVL from , present employer or sponsoring employer?
Do I have to submit my present paystubs?
Thanks for the response.

Good Luck
 
from whoever who intends to hire u on a pemananent basis. If possible join the employer who wants to hire u permanenetly asap and produce a couple of paystubs as well. This way u will avoid possible further probing.

Cheers

Tanjar
 
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