RFE was generated to get the employment letter from the employer who processed I-140 even after the termination of employment. The employment was terminated after more than 6 months after I-485. Joined a company and working for them after the termination. Got pay stubs from the new employer. Employer who filed I-140 refused to give the employment letter. Can you please help me.
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VSC asking for employment letter from employer who filed I-140 even after termination
- Thread starter jeeva
- Start date
You must have SOMETHING to prove employment, right?
BTW, join our RFE club at:
india_485 "RFE Tracker Thread" 11/21/01 7:53am
The whole point is to show that you followed the law and used AC21 correctly. If you can\'t get your old employer to cooperate, then it is bad but all is not lost.
BTW, the letter does not have to come from the HR department or something like that. Your old manager might be more willing to provide this letter. If you come from the consulting world, then I do not know how this would work - sorry.
BTW, join our RFE club at:
india_485 "RFE Tracker Thread" 11/21/01 7:53am
The whole point is to show that you followed the law and used AC21 correctly. If you can\'t get your old employer to cooperate, then it is bad but all is not lost.
BTW, the letter does not have to come from the HR department or something like that. Your old manager might be more willing to provide this letter. If you come from the consulting world, then I do not know how this would work - sorry.
No Title
I don\'t understand. Why do you want employement letter from old employer? I think you should get the employment letter from the New Employer. The employment letter should show that you are working on a similar position & pay mentioned in I-140. It does not matter whether you are now working with the employer who filed your I-140. That\'s the whole point of AC-21. Anyways, take advice from a good lawyer before panicking!
Good luck!
I don\'t understand. Why do you want employement letter from old employer? I think you should get the employment letter from the New Employer. The employment letter should show that you are working on a similar position & pay mentioned in I-140. It does not matter whether you are now working with the employer who filed your I-140. That\'s the whole point of AC-21. Anyways, take advice from a good lawyer before panicking!
Good luck!
No Title
This is what I think you should do. I presume that INS is not
aware that you have changed employers. That is why it is possible
that they asked for a letter specifically from the sponsorer.
Your lawyer shouls send a letter from the new employer and another
letter stating that your employment with the sponsoring employer has been terminated and attach AC21 law.
INS sends standard RFEs.
This is what I think you should do. I presume that INS is not
aware that you have changed employers. That is why it is possible
that they asked for a letter specifically from the sponsorer.
Your lawyer shouls send a letter from the new employer and another
letter stating that your employment with the sponsoring employer has been terminated and attach AC21 law.
INS sends standard RFEs.
My company refuses to give me a future employment letter!!
I was laid off after the 180 days have passed. I tried my very best to obtain a letter from my sponsor saying that they MIGHT hire me in the future. They even refused to give me any kind of letter or help me in any way. Actually, they told me the law firm that used to represent me is no longer willing to help you in any way. My documents will NOT be given to me. Specifically, HR told me this is because they try to avoid conflicts of interests!!!!
I was laid off after the 180 days have passed. I tried my very best to obtain a letter from my sponsor saying that they MIGHT hire me in the future. They even refused to give me any kind of letter or help me in any way. Actually, they told me the law firm that used to represent me is no longer willing to help you in any way. My documents will NOT be given to me. Specifically, HR told me this is because they try to avoid conflicts of interests!!!!
This is a bad situation, but all is not lost
All you have to do is establish a timeline - a termination letter or a final paystub or a copy of the resignation letter... along with a letter from your new employer and a cover letter explaining the sequence of events. You DO NOT need a letter from your original sponsor that they will continue to keep a position for you.
As per AC21, the INS is agnostic to who your employer is after you have worked for the sponsoring entity for 180 days, as long as you establish that you are working in a similar occupational category and at a similar payscale.
So, your case isn\'t cookie cutter any more. Don\'t worry - it still falls well within the guidelines, which makes it all ok. It will all work out.
All you have to do is establish a timeline - a termination letter or a final paystub or a copy of the resignation letter... along with a letter from your new employer and a cover letter explaining the sequence of events. You DO NOT need a letter from your original sponsor that they will continue to keep a position for you.
As per AC21, the INS is agnostic to who your employer is after you have worked for the sponsoring entity for 180 days, as long as you establish that you are working in a similar occupational category and at a similar payscale.
So, your case isn\'t cookie cutter any more. Don\'t worry - it still falls well within the guidelines, which makes it all ok. It will all work out.
mukund sarangapani
Registered Users (C)
180 days
It is not that you should work for sponsoring company for 180 days, since GC is for future position, even before AC21. INS should not adjudicate your case within 180 days, if you changed the employer. Pre AC21 -- You have to start over. Post Ac21 -- A letter from the current employer is enough. One does not need to work for a single day for the sponsoring employer at any point of time during the processing of GC. For that nmatter one need not be even in US for GC processing. All you need is a company which can sponsor you and agrees to employ you on getting the green card.
It is not that you should work for sponsoring company for 180 days, since GC is for future position, even before AC21. INS should not adjudicate your case within 180 days, if you changed the employer. Pre AC21 -- You have to start over. Post Ac21 -- A letter from the current employer is enough. One does not need to work for a single day for the sponsoring employer at any point of time during the processing of GC. For that nmatter one need not be even in US for GC processing. All you need is a company which can sponsor you and agrees to employ you on getting the green card.
180 days
You said: "As per AC21, the INS is agnostic to who your employer is after you have worked for the sponsoring entity for 180 days..."
I\'d love to hear where you believe there is a requirement to work for the petitioning employer for even a single day in order to take advantage of AC21 portability of immigration visas after 180 days.
Taking AC21 out of the mix, there was never any requirement to work for the petitioning employer for a single day BEFORE the GC was approved. Afterwards, however, is a different story. All that AC21 did, was to eliminate the requirement that the beneficiary work for the petitioner after the I-485 was approved, if it had been pending for more than 180 days.
The I-485 is the only step of the Green Card that YOU initiate, which means that when you file it, YOU must have the intent to work for the employer. If the employer no longer wishes to hire you, under the law they have a simple legal step to indicate this - they write the INS a letter requesting withdrawal of the approved I-140. If they do not do this, in the eyes of the law they are still intending to hire you in the future, and you can safely file the I-485 so long as YOU intend to work for them. After 180 days, you can change your mind.
I am NOT an attorney, but this is based on my reading of the law and the implementation regulations of AC21.
You said: "As per AC21, the INS is agnostic to who your employer is after you have worked for the sponsoring entity for 180 days..."
I\'d love to hear where you believe there is a requirement to work for the petitioning employer for even a single day in order to take advantage of AC21 portability of immigration visas after 180 days.
Taking AC21 out of the mix, there was never any requirement to work for the petitioning employer for a single day BEFORE the GC was approved. Afterwards, however, is a different story. All that AC21 did, was to eliminate the requirement that the beneficiary work for the petitioner after the I-485 was approved, if it had been pending for more than 180 days.
The I-485 is the only step of the Green Card that YOU initiate, which means that when you file it, YOU must have the intent to work for the employer. If the employer no longer wishes to hire you, under the law they have a simple legal step to indicate this - they write the INS a letter requesting withdrawal of the approved I-140. If they do not do this, in the eyes of the law they are still intending to hire you in the future, and you can safely file the I-485 so long as YOU intend to work for them. After 180 days, you can change your mind.
I am NOT an attorney, but this is based on my reading of the law and the implementation regulations of AC21.
Canadian, mukund - I stand corrected
Canadian, Mukund:
Yes, your interpretation of the law seems "righter" than mine.
My comments (and reading of the memo) were very narrowly focused on the situation where one works for and leaves he H1/LCA/140/485 sponsoring employer after 180 days.
Canadian, Mukund:
Yes, your interpretation of the law seems "righter" than mine.
My comments (and reading of the memo) were very narrowly focused on the situation where one works for and leaves he H1/LCA/140/485 sponsoring employer after 180 days.
Is this true?
You mentioned the following:
"All you need is a company which can sponsor you and agrees to employ you on getting the green card."
Are you sure that you still need a company that can sponsor you? I thought after the 180 days you don\'t need the new company to sponsor you; you just need an employment letter from them stating that your job is in a similar category.
You mentioned the following:
"All you need is a company which can sponsor you and agrees to employ you on getting the green card."
Are you sure that you still need a company that can sponsor you? I thought after the 180 days you don\'t need the new company to sponsor you; you just need an employment letter from them stating that your job is in a similar category.
Chicago local INS transfer case
Can any one please let me know how long does it take to get an interview from the chicago local INS office for I-485 transfer from Vermont Service Center. I changed my employer from Pittsburgh to Chicago so my case was transferred to Chicago local INS. RD 6th Dec 2001. RFE replied on 17 Dec 2001. Transferred to Chicago INS on 11th Jan 2002.
Thanks,
Jeeva
Can any one please let me know how long does it take to get an interview from the chicago local INS office for I-485 transfer from Vermont Service Center. I changed my employer from Pittsburgh to Chicago so my case was transferred to Chicago local INS. RD 6th Dec 2001. RFE replied on 17 Dec 2001. Transferred to Chicago INS on 11th Jan 2002.
Thanks,
Jeeva