RFE on 485

R

Ram Kri

Member
I got an RFE asking for status and letter of employment. Here is the brief history of my case.
While working for Company A, applied for GC Labor. Joined Compnay B after Labor is approved. GC process is continued by Company A. My attorney asked me to provide the letters from both Company B showing the current employment and from Company A job offer letter for future employment.
My question is I get the GC approval based on the Future employment for Company A and I do not work for Company A will there be any problem? Please share your experinces and knowledge. Thanks

Labor Filed Dec 2000
Labor approved in March 2002.
I-140 approved Nov 2003
currently on 2nd EAD
First FP on March 3, 2005
 
Doesn't seem to make much sense to get a letter from Comp. A about future employment unless you are really planning to join them in near future.
What's your lawyer's rationale? I would think your need letters from the two companies in order to show that the job you had at your previous employmer is of the same kind as the one you have now with the current employer. You could perhaps use the old job offer letter from the Comp. A and then a letter from your current employer..
 
vanrkr said:
I got an RFE asking for status and letter of employment. Here is the brief history of my case.
While working for Company A, applied for GC Labor. Joined Compnay B after Labor is approved. GC process is continued by Company A. My attorney asked me to provide the letters from both Company B showing the current employment and from Company A job offer letter for future employment.
My question is I get the GC approval based on the Future employment for Company A and I do not work for Company A will there be any problem? Please share your experinces and knowledge. Thanks

Labor Filed Dec 2000
Labor approved in March 2002.
I-140 approved Nov 2003
currently on 2nd EAD
First FP on March 3, 2005
Click to expand...


Could you tell the exact words in RFE? Because the RFE response can be totally different depending upon what they want.

Possibility 1: They are trying to verify the legal status of before you applied for your I485. In that case, you need to send them all the H1 approval notices, pay stubs (from company B) etc.

Possibility 2: They want to check if the LC job is still valid. In that case you need to send a copy of offer letter from company A. In addition, a letter from company A mentioning that they are going to hire you upon your I485 approval.
 
The only point I see that for a job offer letter is that company A is still offering the job to me. I may not join company A unless it is necessary.
 
hanging in here said:
Doesn't seem to make much sense to get a letter from Comp. A about future employment unless you are really planning to join them in near future.
Click to expand...

That's the condition on which USCIS will grant his GC. If he does not plan to join company A, USCIS won't grant him GC.
 
vanrkr said:
The only point I see that for a job offer letter is that company A is still offering the job to me. I may not join company A unless it is necessary.
Click to expand...

If your I485 is pending for more than 180 days, you can use AC21 to move your I485 to company B (of any other company). In that case, your company B job has to be similar as mentioned in LC. In addition you need a letter from company B mentioning that they are willing to hire you on perm basis upon your I485 approval.
 
vanrkr said:
I got an RFE asking for status and letter of employment. Here is the brief history of my case.
While working for Company A, applied for GC Labor. Joined Compnay B after Labor is approved. GC process is continued by Company A. My attorney asked me to provide the letters from both Company B showing the current employment and from Company A job offer letter for future employment.
My question is I get the GC approval based on the Future employment for Company A and I do not work for Company A will there be any problem? Please share your experinces and knowledge. Thanks

Labor Filed Dec 2000
Labor approved in March 2002.
I-140 approved Nov 2003
currently on 2nd EAD
First FP on March 3, 2005
Click to expand...
When was your I-485 filed? Reason being is that if your I-140 was approved and the I-485 has been pending > 180 days you can use AC-21 to switch employment to Company B (effectively letting you sever ties with Company A). If your attorney doesn't know about AC21, find another one :)
If your I-485 hasn't been pending > 180 days, you will have to follow the future GC path and go back to Company A at GC approval.
 
My I-140 is filed after I joined company B. That is the reason I may not qualify for AC21. Is that correct? The RFE specifically asking for the status of us from the date that we landed to the date that the company A hired me. I came on B2 then got converted to H1 and was in legal status all the time. For my RFE they also requested for the job offer letter or the letter from the employer.
 
vanrkr said:
My I-140 is filed after I joined company B. That is the reason I may not qualify for AC21. Is that correct?.
Click to expand...

Not correct. A person, who has I485 pending for more than 180 days, can qualify for AC21. You don't need to work for GC sponsorer before approval. GC is always for future employment. Using AC21 means your are transferring your process from company A to company B.
 
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