Pls Help...Urgenty

S

sd73

Registered Users (C)
A little background :

Company "A" Filed for my labor in Sep 2002. The labor got approved in Dec 2003. Before we could file I-140 and 485, company "A" got acquired by company "B" which was in a similar business. Company "B" laid off half of company "A"s staff including me. My lawyer suggested filing for I-140 through company "B" which the company agreed but they refused to give a employment letter or offer letter. We filed I-140 and 485 in May 2004. Subsequently I received my EAD although I did not use it until recently. My i-140 got approved in Nov 2004. I continued working on H1 through a consulting company. My H1 expired 2 weeks ago and I switched to EAD. Subsequently I joined company "C" on EAD.

Issue :
Last week I got an RFE on 485. In the RFE they are asking for Letter of employment which company "B" is refusing to give since they don't want to employ me. My lawyer says that I could port my 485 to another company. Company "C" is a big firm and they don't do GC cases and probably will not want to get into this issue. My question is, how safe is it to get another company, say company "D" to give me an offer letter for the purpose of 485 approval ? I do not want to leave company "C". In such a case, is it necessary to get an employment letter (with similar job duties as were mentioned in my labor filing) from company "C" only ?

I have come to know that in order to use AC21 you first need to inform BCIS about it. In my case, I have been working on H1 with other companies for 2 years now and have also started working for this company "C" using my EAD and have not sent any communication to BCIS about it. Could this cause trouble for me ?

Any help will be greatly appreciated.

Thanks
 
You are fine. Since you have an approved I-140 and your I-485 has been pending for more than 180 days, your I-140 is valid for porting to any company as long as this company can prove it will hire you permanently(doing the same or similar job).
 
sd73 said:
Last week I got an RFE on 485. In the RFE they are asking for Letter of employment which company "B" is refusing to give since they don't want to employ me. My lawyer says that I could port my 485 to another company. Company "C" is a big firm and they don't do GC cases and probably will not want to get into this issue. My question is, how safe is it to get another company, say company "D" to give me an offer letter for the purpose of 485 approval ? I do not want to leave company "C". In such a case, is it necessary to get an employment letter (with similar job duties as were mentioned in my labor filing) from company "C" only ?
Click to expand...

As you working for company C and don't want to leave them, your safest bet will be getting EVL from company C. Company C does not need to do any "GC processing". All they have to do is providing an EVL stating your salary, title and hire date. If necessary, job description too. As you have paystubs from current company, that will work in favor of you. You employer don't need to file anything or send anything to USCIS. I think if you talk to your manager, HR and explain the matter, they will understand - even if it is a big company. There is no reason to be shy on this matter.

You can get EVL from company D, but if you don't intend to join them or don't join them in future, technically you are committing a fraud for the purpose of obtaining GC. Personally I would recommand to avoid that route.
 
Thank you so much for the information.

I have one more question for Pralay. I have the Offer letter from company "C" stating my position, salary and the hire date. It does not have any job description. Can I use that ? I can also provide the pay stubs from company "C".

Thanks once again.
 
sd73 said:
Thank you so much for the information.

I have one more question for Pralay. I have the Offer letter from company "C" stating my position, salary and the hire date. It does not have any job description. Can I use that ?
---------------- you need the same/similar job duties on the letter and permanent job offer
I can also provide the pay stubs from company "C".
---yes
Thanks once again.
Click to expand...
 
You must log in or register to reply here.
Top