Question for Pork Chop!

A

aghajan

Registered Users (C)
Hi Pork,
I appreciate if you can comment on this.
Company A sponsored the application for green card for a friend of mine. He has changed company A almost 4 months ago after working 2.5 years for them (he still has his H1-B for Company A) to B (on EAD) but continue to work as part-time for company A too. He received an RFE (employment verification) almost 7 month ago (when he was working at Compnay A) and Company A responded to that and sent the letter of employment.
Two questions:
1. In general, does he get another RFE for employment?
2. He doesn't want to use portability ACT as he thinks there are some gray areas in his new job as compared to the previous one.
Because of his good relation with Company A (he works part-time there now), just in case he gets another RFE, this company (i.e., A) is ready to give him a letter mentioning that will be hired AFTER I-485 is approved ( and really they will hire him if he wants!). Is this letter enough? or it should definitely mention that he is their current employee? or does it create any problems for him?

My understanding is that I-485 approval is for a future job!!

Your comments are very helpful and will be appreciated. thnx, aghajan
 
the main thing to keep in mind is, your friend will need to take up/continue employment after his GC approval with whichever employer was his sponsor of record at the time of approval, since - as you correctly state - it is on the basis of that future employment that the GC would have been approved.

as to which of the employers should work better for your friend, that pretty much would be his judgemment call; however, the overriding consideration here should be, in my opinion, deciding casting his lot with which employer will mean smoother sailing for him. if he feels that AC-21 might lead to turbulent waters ahead for any reason, then he is better off with the old employer.

to recap, he does not absolutely need to be employed by his sponsoring employer now, but he will need to work for them post-approval.
 
Pork,
I appreciate your comments. As always, you are right to the point and very clear on some of these issues.
By the way, can I ask what is your background (subjects taken) or your expertise? off course if you want to share that.
thanks again, aghajan
 
well, i graduated as a mechanical engineer, but found a job as a computer programmer... that is still what i do today for a living. nothing very exciting...
 
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