is a letter of employment for I-485 needed for a EB1(a) (E 11) category?

[Worker11]

I self file I-485 (along with EAD and AP) as an "alien with extraordinary ability" after my I-140 petition has been approved. Do I need an employment letter. I have one which states that I am such and such, employed at such and such university at such and such salary from date A to date B. I receive all benefits including medical and life insurance. Would this be enough? I am still working for them till July 15. But after I will leave them. Would that letter from them suffice the UCSIC requirement? Or do we need to produce some different kind of letter? I will include copies pay stubs (which we do not get actually - all on-line in the banner) and W2s for a number of years. Would this satisfy the U.S. CIS? Does anyone have an idea? I am going to send out my package tomorrow, after having myself taken 4 pictures and not to bother to think about it anymore. Thanks folks in advance!

Marcel,

A Frenchman, an alien in New York!

[lagasmt]

As per I-485 instruction, Page 4, Section 11.B:

"If your Form I-485 is related to an employment-based visa petition (Form I-140), you must submit a letter on, the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid."

I believe this should be a most recent letter say roughly a not older than a month.

You don't need to send Pay Stubs, W2 etc., as they are not required.

I-485 is for future employment. You can even change your employment after 180 days of I-140 approval date.

So it doesn't matter who you are employed with now. It matters that the I-140 from your petitioning employer remains active and valid.

My advise to you is, don't overload your application with documents that aren't required as per the instructions.

Good Luck

[pontevecchio]

EB1EA means you do not need an Employment Letter.

[Worker11]

Thank you all! I hear two different opinions on this: "yes, a letter is needed" and "no letter needed." As I understand this category of immigrant workers, it does not require a contract or an employer and is/may be self petitioned concurrently with I-485, etc. Logically, no letter is needed. However, the instruction does not specify on self-petitioning aliens "with extraordinary ability." Therefore I have included a current employment letter with my package, which I sent today with UPS. Let's hope it will not take tooooooo looooong to proceed with my application....

Marcel

[pontevecchio]

There are no opinions. There are only facts. Keep your Lawyer close at hand.

[Worker11]

I did not use any lawyer. I have an education in humanities and in jurisprudence. So, I relied on myself. I prepared materials for I-140 application under Sec. 203 (b)(1)(a) filed it and got approved. Now filed I-485, I-765 and I-131. Also without attorney's help. I wasn't specializing in immigration law and I may know intricacies of it but as someone trained in jurisprudence, I did everything according to the immigration law. The law, unfortunately, does not specify the EB1(a) case (which does not require job offer) regarding a letter of employment. Since it does not, there could be opinions. I just wanted to hear an informed opinion, if someone had a similar case. I am sure, the best thing to support case is to present evidence. I presented a letter from my employer.

[Worker11]

Here we go:

Began to learn about EB1(a) status - May 21

I-140 for EB1(a) filed 06/05/2011 - TSC

received 06/06/2011

PD:06/06/2011

Approved 06/15/2011

NA received 06/20/2011

I-485/EAD/AP filed 06/20/2011

Received - 06/21/2011

ND - 06/22/2011

FP - appointment on 07/29/2011 (NA issued Jul 1 2011 received today - Jul - 5 - 2011)

Thanks Murthy Forum for the invaluable knowledge you provide and to all participants!!!

Marcel,

A Frenchman, an Alien in New York (now an alien with "extraordinary ability"