Urgent Please help!!

[LCSilence]

I have recently Got a RFE on my I485, they ask for:

1. letter from my current employer of my hire date, job title, salary and employment prospects.

2. letter from the employer who filed I140 and I485 on my behalf of job tile, salary etc.

My current employer didn't file I140/I485 for me. Both companies provided me with employment verification letter.

My lawyer want to just submit two letters without explicitly invoking Ac21. Neither mention that I am going to stick with my current employer after GC approval.

Is this a good strategy?

Thanks,

 

[Sugee]

I have recently Got a RFE on my I485, they ask for:

1. letter from my current employer of my hire date, job title, salary and employment prospects.

2. letter from the employer who filed I140 and I485 on my behalf of job tile, salary etc.

My current employer didn't file I140/I485 for me. Both companies provided me with employment verification letter.

My lawyer want to just submit two letters without explicitly invoking Ac21. Neither mention that I am going to stick with my current employer after GC approval.

Is this a good strategy?

Thanks,

LCSilence,

I am not a lawyer, but I think this strategy is OK.

1. You submit letter from current employer to show that your current job is the same/similar to the job in the Labor certification (please concentrate on job duties - they must be same), showing that you continue to be employable in same/similar job.

2. You submit a letter from GC sponsor expressing continued intent/interest in employing you in the same job (again focus on the job duties) as the Labor certification.

"Neither mention that I am going to stick with my current employer after GC approval." I think that is OK. What is important is that both letters must state that these are permenant and long-term positions from the company's side.

I beleive AC21 is invoked when you or the GC sponsor wants to cut out of the commitment to each other. That is either the GC sponsor is not interested in employing you anymore, or you are not interested in being employed by the GC sponsor any longer. But if there is intent on both sides - you and the GC sponsor - to keep the commitment of working with/for each other, then AC21 is not really required.

Again, I am not a lawyer, this is just my understanding of AC21 and employment-based GC sponsorship. Please discuss this with your lawyer.

 

[pralay]

My lawyer want to just submit two letters without explicitly invoking Ac21. Neither mention that I am going to stick with my current employer after GC approval.

Is this a good strategy?

You don't need to invoke AC-21 explicitly. If you answer RFE with the required documents USCIS wants to see, you will be fine.

 

[emailraja]

2. You submit a letter from GC sponsor expressing continued intent/interest in employing you in the same job (again focus on the job duties) as the Labor certification.

But what should be the date on the previous employer's letter? Should it be after the RFE date or can I use a letter a few months old that they gave me when they did not know that I was going to leave them.

If it should be after the RFE date, wouldn't AC21 be unusable if the previous employer is hostile?

 

[LCSilence]

The EVL has to be dated after RFE date. If sponsor is hostile then you have no other choice but invoke AC21.

 

[vnirmala]

Letter from old employer

I had a similar kind of RFE.But in my case they didn't ask me a letter from the employer who sponsered I-140 and I-485.
Still my lawyer submitted 'Intent to Employ' letters from both the current and the old employers.But in the cover letter he mentioned that i used Ac-21.Then INS got confused with whom i'm employed. So they sent a second RFE for clarification.So my lawyer explained the reason for submitting the letter from old employer, is just to show INS that still the sponsor has an intention to hire.If you don't show that you used Ac-21,you may have to join your old employer as per the law.
My case got approved without any issue.