RFE concern - please help

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patienceavirtue

Registered Users (C)
Hi There,
I just recieved a letter of 'Intent to Deny' unless submit further evidence....etc.etc. Basically an RFE.
This is my concern.

My husband moved, within his industry, from his sponsor to another employer in September of 2006. He had worked for his sponsor with H1B for 5 years and recieved a better offer.
We were under the assumption that because he had approved work authorization, and the job offer was in the same industry, that he could simply take the job.
The USCIS are now asking for a current letter of employment from either his sponsor, and if not his sponsor, a valid reason why it is not.
My lawyer is telling me that, unless he goes to work for his sponsor that they could revoke his Green Card (he was approved in Aug 07). The fact that it is now 2 months after his approval they may be suspicious and deem his GC invalid due to misrepresentation of information.
His sponsor, who is very educated in these kinds of matters, suggested that he could write us a letter that could help.

Has anyone been in a similar situation? Any advise, or reassurances? Anything would be appreciated. to live and work here is my husbands dream and for his green card to be revoked because of my case, would be absolutely devastating.

Thanks
 
sorry be more precise,

did his 485 get approved, if so when?

and when his 485 got approved was he with employer A who had filed his labor and gc? or with employer B

So did he move employers? if so when? and did he move from A to B or B to A or A to B to C?

And type in the exact RFE/NOID here.
 
His 485 approved - Aug 21st, 2007
Worked for employer A (GC sponsor) on H1B until September of '06
Recieved work authorization on Labor Jun '05
Moved to employer B Sept '06 where he now currently works, in same industry.
The RFE request states:

'The principle's employment letter/offer dated, December 2, 2004, was presented as a verified copy dated April 7, 2005 and was submitted with other additional documents requested on or about May 15, 2005. This evidence has been determined to be unacceptable.
Therefore, please submit the principle's current employment letter, if employed by the petitioner or the offer of employment, if not employed by the petitioner. If the beneficiary is not employed by the petitioner, then please explain why and provide evidence, as needed. This letter/offer should be on company letterhead and should attest to the principle's job-offer or continued employment. This letter should also state his or her level of compensation and point of contact for verification purposes'

Now - sponsor/employer A is willing to write a letter to support that the application was in fact valid but in between waiting for green card approval, employer A contracted my husband to employer B for a period of time.

The fact is, my husband recieved a much much better employment opportunity and employer A was happy to keep his sponsorship for him and let him move on.

Any advise or recommendations would be appreciated.

Thank you again
 
Did he file AC-21 when he took a new job. If yes then furnish that details. If not then situation needs to be seen from that perspective. You may need to furnish evidence that your spouse is employed in same industry at similar salary level as in original labor.

I don't think your husband needs to move to old employer.

Post this mail in I-485 general issue. Also take opinion from Ginnu or RealCanadian. Check with 2 other lowayers. It is not a big deal and things will sort out soon.


patienceavirtue said:
His 485 approved - Aug 21st, 2007
Worked for employer A (GC sponsor) on H1B until September of '06
Recieved work authorization on Labor Jun '05
Moved to employer B Sept '06 where he now currently works, in same industry.
The RFE request states:

'The principle's employment letter/offer dated, December 2, 2004, was presented as a verified copy dated April 7, 2005 and was submitted with other additional documents requested on or about May 15, 2005. This evidence has been determined to be unacceptable.
Therefore, please submit the principle's current employment letter, if employed by the petitioner or the offer of employment, if not employed by the petitioner. If the beneficiary is not employed by the petitioner, then please explain why and provide evidence, as needed. This letter/offer should be on company letterhead and should attest to the principle's job-offer or continued employment. This letter should also state his or her level of compensation and point of contact for verification purposes'

Now - sponsor/employer A is willing to write a letter to support that the application was in fact valid but in between waiting for green card approval, employer A contracted my husband to employer B for a period of time.

The fact is, my husband recieved a much much better employment opportunity and employer A was happy to keep his sponsorship for him and let him move on.

Any advise or recommendations would be appreciated.

Thank you again
Click to expand...
 
patienceavirtue said:
His 485 approved - Aug 21st, 2007
Worked for employer A (GC sponsor) on H1B until September of '06
Recieved work authorization on Labor Jun '05
Moved to employer B Sept '06 where he now currently works, in same industry.
The RFE request states:

'The principle's employment letter/offer dated, December 2, 2004, was presented as a verified copy dated April 7, 2005 and was submitted with other additional documents requested on or about May 15, 2005. This evidence has been determined to be unacceptable.
Therefore, please submit the principle's current employment letter, if employed by the petitioner or the offer of employment, if not employed by the petitioner. If the beneficiary is not employed by the petitioner, then please explain why and provide evidence, as needed. This letter/offer should be on company letterhead and should attest to the principle's job-offer or continued employment. This letter should also state his or her level of compensation and point of contact for verification purposes'

Now - sponsor/employer A is willing to write a letter to support that the application was in fact valid but in between waiting for green card approval, employer A contracted my husband to employer B for a period of time.

The fact is, my husband recieved a much much better employment opportunity and employer A was happy to keep his sponsorship for him and let him move on.

Any advise or recommendations would be appreciated.

Thank you again
Click to expand...

If I were in this position. I would first decide whether I would stick with employer B or A. Either way I see no problem at all and USCIS cant deny at all provided employer B or A still can give you a most current employment offer letter and this letter should include in detail all the responsibilities/job functions, title, nature of employment, employment prospects in future, this letter should mention same job respnsibilties as given in your labor petition and same salary and also should state full time and permanent employment. Also if you decide with employer B just add a paragraph or a separate letter stating why you chose employer B, what benefits you are getting, something like more salary or employer B's location or something some point to make it look real and send this all across. You should be totally fine. no need to panic as this is very common. But do read a lot on the forums for similar cases and then decide. Good luck.
 
forgot to mention if you are with employer A or B then make sure to provide them evidence either way by means of most current paystubs and/or H1 if you are using one. If youre using EAD then paystubs is only way of proving your point
 
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