RFE-Emp. letter clarification. RFE experienced -pls help

G

Greenkaagaj

Registered Users (C)
hi,

I got an RFE (nov 21 RD)earlier this month for usual stuffs. tax returns, 6 months paystub, emp. letter.

I work with my employer on w-2 and hrly salary. The emp. letter is given by them is ok except for one line where it says 'This position is contract temporay' instead of saying 'position is permanent (as mentioned by lawyer on his format)'.

Do you think this affects the prospects of approval ?.. any comments ...

my concern is that it is already 18 months in I-485 stage and do not want to get dragged into another process mess..(eg. transfer etc,,)

appreciate all your reply

thanks
 
You have a big problem here. If the letter says that your position is temporary, BCIS can deny I-485. Employment based GC is only for permanent positions, not for temporary contracting positions.

Get another letter from your employer stating that the position is permanent.
 
The letter should mention that, you will be hired full time once they (BCIS) adjudicates your AOS. The letter should definitely mention this. Its okay if it mentions "temp" since you are on H1
its justified. But the ultilmate thing is their (u'r employer) intentions to hire you permanently once your AOS is done.
 
thanks for the reply.

does any of the employers give emp. letter stating the 'position is permanent' though you work first of all for a consulting company and on hourly salary instead of fixed salary.

pls clarify..
 
They should infact send an emp letter stating the intentions, since they filed your I140. Your attorney should take care of this, or else it will be a problem to your company.
 
In this kinda economy, few employers like using the word 'permanent'. Instead, persuade your employer to use words like 'working full-time'. Try and remove the word 'temporary'. I guess even the word 'long-term contract basis' should be fine.

nkm-oct23, please stop scaring people (with problems) on this forum. As such they're hassled by their problems, please don't make them feel worse.
 
sorry i forgot to mention. i was laid off by the the sponsoring employer after 11 months 485 passed. so i am trying to get it from my new employer where i work on EAD.

thanks
 
The present position U are working could be temporary, but the one in LC could have been Permanent. It is not required that U should presently be working in that 'future job'.

Any how, my suggestion is Take another print out per your wordings. All U need is a letter head:D:D

Color Xerox ........................

In case If INS calls the employer .. its OK UR employed.
 
GK,

Try to use the phrase "the employment is fulltime and of indefinite duration". This has worked and most employers are open to using this phrase.
 
We may be splitting hairs here but that is what this process is all about.

The employer will probably have no problem confirming " the position is permanent". They are free to hire A B C or D to work in that position. This way they are not guranteeing employment to you.

I am sure BCIS understands that this in not a Utopian world and an employer can only guarantee the existence of a position not a particular employee in that position.
 
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