RFE and Employment Letter ?

[pnanduru]

I filed I-140 through my previous employer, got it approved. I changed to a new employer on H-1 but the previous employer was ok me filing for I-485 as a prospective employee. I got my EAD, got my 2nd finger print done. My previous employer is bought over by another company now and all the old executives left. My question is if I get an RFE now,

1. What kind of information will the INS ask about employer ?
2. Will it ask about the current or my previous employer (GC filing company)
3. If letter of employment is needed, who should I get it from ?
4. What happens if intent of future employment letter is asked ?

Appreciate your help.

 

[PrinceofJungle]

I think you must get a good experienced attorney to avoid any headache and risks.

I believe that there is AC-21 benifit applies who left previous employer after I-485 submitted and passed 180 days. u can use the same 140 with ur new employer to continue 485. the job discription would be same / and salary( I believe not necessary but close will be fine). and most ppl who file AC-21 got transfered to local office for interview and most worst cases I learend from this fourm was sucessed and got approved. so u don't need to worry much about that... but it is good thing to prepare .... everything in advance....... and I also do same... and like to avoid any future headaches......

Many ppl I learned from them were kept in dark(by Att/Emp) about many things and when time comes..... u guess what.... if sucess "We told u " and if problem .....'"Hey.... ur luck we tried our best"

the bottom line is .... always keep ur-self update about new law and policy. and learn from others experience instead fo re-invent wheel.

share your knowldege/experience with others and help ppl. you will be helped too..... thats the way things goes on....


P.O.J
485 RD 03/2003
No FP yet





Ans of ur question

1. What kind of information will the INS ask about employer ?

Ans 1.
I believe they only ask Employment Verification Letter and some cases... paystubs... and W2 for last year... but most paystubs/w2/tax return... in NIW cases.... if u are EB3 then Emp Ver Letter is enough...

2. Will it ask about the current or my previous employer (GC filing company)

Ans 2.
when u receives RFE read carefully let them know only what is asked... rule is make it simple.... don't try to tell/explain what u were not asked....


3. If letter of employment is needed, who should I get it from ?

Ans3.
do u mean from Prev emp or current emp.
the letter will explain u... what they are asking... most received "Current Job Verification" its mean current job....
if u got 140 in company "A" and working in same company "A" then no prob. but if u got I140 from Company "A" as IT-Manager and u are doing un-related job in company "B"... this might erase prob.... but similar approved I40 with same job decsciption/duties in company "B" I didn't see any issue with that ppl got approved... .


4. What happens if intent of future employment letter is asked ?
Ans 4.
I believe u have also read some confusing threads in fourms... I learned in NIW case they asked about future Emp Letter I think they were asked because the nature of job discription. so they want to make sure .... he is not going anywhere else... example govt job/dept possition.

but most EB3 cases... is simple EVL. so don't panic and relax wait... believe ur luck that u are not going in any trouble untill u created.



>>Appreciate your help.

No prob... U welcome..... somebody helped me too.

with best Luck all of u


P.O.J
I am not attorney nor in related work. I am in same boat as u ppl are..... all I shared is my thoughs/Opinion. pls always do get advise from ur Att)