RFE - please help.

patienceavirtue

Registered Users (C)
Hi There,

I recieved NOID/RFE on my case. I am able to supply all the supporting documents they are asking for however I am concerned about the request of a letter of employment for my husband.

The details are below. My husband moved employers a year ago, we didn't inform USCIS as we were under the assumption that after 180 days, as long as he stayed within a similar line of work, that he would be eligble to move companies. I just spoke with my lawyer today, or someone who has take my case in his office, and she told me that unless he goes back to employer B there is a chance that his 485 will be revoked!

Recieved work authorization on Labor Jun '05
His 485 approved - Aug 21st, 2007
Worked for employer A (GC sponsor) on H1B until September of '06
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'

His original 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, or something along those lines.

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.

What letter should we write. His dreams have been to live & work here, to have them go out the window because something in my case sparked more information would just be devastating.

Thank you again
 
Your husband's current employer should provide a letter of employment stating the job duties and compensation. If your husband's new job is in same or similar employment as approved labor, I don't see a problem here. He should also state that since his 485 was unadjudicated after 180 days he was able to use AC21 provisions to change employers.

The provisions of AC21 is that he is employed in same or similar job and his 485 was unadjudicated after 180 days. I think he meets the second provision but as for the first provision, you be the judge of that.
 
Please help again - my lawyers are being really unhelpful and unsupportive of my husbands' situation. They are saying that technically he is supposed to work for his sponsor after recieving the Green Card, even if it was for a day, and because he hasn't they could revoke his case.

Is this true? I am so annoyed at how these lawyers are treating us - happy to take our money and say that everything is going to be fine, and then turn their back on us when it is not!

We have the letter of employment stating the job descriptions & titles, which are same as Labor Cert along with additional responsibilities. Increased in salary and company health benefits.

In our letter stating why he is not with sponsor we said because of increase in salary, cloer to home, better health plan and were advised that AC21 portability would apply. We also noted that his 485 sponsor was satisfied with this agreement.

Please furnish any more advise if possible.

Or reassurance
Thanks again
 
I am surprised that your lawyer would say that he must work for the petitioning employer! Since his 485 was unadjudicated for more than 180 days he was free to use AC21 to change employer at that time. A letter of employment from current employer should suffice to show that.

Having said that do not take my advice as legal advice. You may do well to contact another immigration attorney in this case.
 
Top