Rfe

R

regbet2003

Registered Users (C)
Hi Guys,
I got the RFE issued on May 2nd most probably i am guessing for employment verification. Here are my questions to the gurus in the forum,

1. I am doing a job right now with A comapny but the title is different as that of mentioned in my gc application. I got another permanent offer from B company, position title, duties and salary are perfect match to my gc application.

My question is Is it ok to produce employment verification from company B after resigning from company A? The point here is the date of joing the company B is after the INS issued the RFE is this going to be a problem?


2. Can i go on leave of absence in company A and joing company B and come back later and join after the gc approval? Can INS find out that i am employed by two companies both A and B?

RD OCT, 01
ND OCT, 01

Thanks in advance,
VM
 
Which is the company that has applied for your I-140? If it is company A, then why is it based on a different job than the one that you are currently in?

If you have an approved I-140 from company A, that you would like to be the basis to obtain permanent residency, then

- either you have to show that Company A is willing to make available the position described in the I-140 to you upon the approval of your I-485 (for this you do not have to be employed in that position now. Keep in mind that permanent residency is based on the availability of prospective position not a historical one)

- or you can make use of AC-21 portability and switch to Company B immediately and then submit evidence that Company B is willing to offer a position that is similar to the one on the basis of which Company A's I-140 has been approved

In the latter case, there may be some raised eyebrows at the INS due to the fact that you have used AC-21 portability after an RFE has been issued by the INS for employment verification.

Needless to say, I am basing the above opinions on my limited knowledge of your situation as well as the law on the subject. There are enough complications here that a good lawyer may be useful in your situation.
 
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