RFE for 485


singh is king

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Hi,

    I just receieved an RFE for my 485 application. My PD is EB3 India March 03 2003. I am no longer working for my petitioning employer and dont intend to work for him either once I get the card. I havent filed my AC21 either. Just  been working with another consulting company on my EAD since 2007. Do I need to show future employment from my current employer of will an employment verification letter showing I have a current job in the same position as in the labor suffice ? I have doubt if my employer will give me a letter saying that a job exists in the future for me. (dont think any employer can gurantee a job).

 

Thanks

 

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You should have an offer from any employer. GC is for future employment. May be it is time for you to leave your current employer. Most employer give you a letter saying that you are employed with them and will be employed after getting your GC. AC21 is not really mandatory. You can just send it when you get an RFE.

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if you do not intend to work for the employer...then your GC ceases to exist. You cannot apply when your PD is current cause the Job no longer exists...you should have file AC21 with the new employer.

OP has already applied for 485 .  There is NO law which says one need to send a AC21 letter when changing job.   And anyway,  had OP changed before filing 485,  he would have to start the GC process from stratch .

 

OP ,  an employment verification letter from current employer shuold be fine. Make sure the job duties somewhat  matches what is there in your original PERM/140

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The employer does not have to guarantee future employment. What matters is the intent to employ you in the future. At will employments (as opposed to contract with a fixed end date) will do.

Belle,  does the letter need to use the phrase  "Permanent Employee" or something like "Full Time employee" is fine?

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Belle,  does the letter need to use the phrase  "Permanent Employee" or something like "Full Time employee" is fine?

The postition needs to be (1) full time (i.e. 40 hours a week) and (2) permanent (i.e. indefinite in nature). Generally, you would want something like "full time at will employment". Or something to the effect that it is not a contract, and there is no set end date for this position. Both are important to mention. Generally, both of those things are described in a real job offer.

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ok thx. so I can send my RFE response with my current employer EVL (this is not my petitioning employer but the job titles and duties are similar) and the AC21 at the same time. Right ?

 

Your RFE response is the AC21 notification because it is not from the original employer.

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Hello Belle

 

When we responding to these RFE's does our job title or job description should be same? How come USCIS expects to work some one on the same job title/description for more than a decade

 

I understand the fact if i was filed as a IT guy i am not supposed to work as a CHEF or a Banker, does the job title/job description matters if someone maintains to work in the similar IT field please suggest

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Hello Belle

 

When we responding to these RFE's does our job title or job description should be same? How come USCIS expects to work some one on the same job title/description for more than a decade

 

I understand the fact if i was filed as a IT guy i am not supposed to work as a CHEF or a Banker, does the job title/job description matters if someone maintains to work in the similar IT field please suggest

 

No, the descriptions don't have to be the same. Similar is the requirement, and as far as I know, the USCIS is not super picky.

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