I-485 RFE - Future employment

[jaimin19]

My scenario is as follows:
Company A is sponsoring my GC as future employment, I have I-140 approved etc with them. I have never worked with company A and will be starting work with company A as soon as my GC gets approved. My PD is Sep 2008 and currently I am working with company B on H1-B. I currently make twice what company A has offered.

I received a RFE yesterday stating " Submit a current letter from I-140 employer verifying job offer exists. The letter should contain the date you began employment and the salary or wage paid"

Does anyone have good recommendations to answer this, my confusion is that I have never worked with company A so don't have a began employment and salary paid as yet ? Would appreciate feedback of anyone who has gone through this kind of a scenario.

 

Would you suggest to provide a EVL with a higher salary ?

 

 

[zak74]

My scenario is as follows:

Company A is sponsoring my GC as future employment, I have I-140 approved etc with them. I have never worked with company A and will be starting work with company A as soon as my GC gets approved. My PD is Sep 2008 and currently I am working with company B on H1-B. I currently make twice what company A has offered.

I received a RFE yesterday stating " Submit a current letter from I-140 employer verifying job offer exists. The letter should contain the date you began employment and the salary or wage paid"

Does anyone have good recommendations to answer this, my confusion is that I have never worked with company A so don't have a began employment and salary paid as yet ? Would appreciate feedback of anyone who has gone through this kind of a scenario.

 

Would you suggest to provide a EVL with a higher salary ?

 

You shouldn't be doing this on your own. You should talk to your future employer (sponsoring GC) and the attorney to formulate a response.

[JoeF]

Do you have a lawyer? Does employer A have a lawyer? Have the lawyer handle this.

[jaimin19]

Thanks Joe F/Zee, the company does have a lawyer and he is  looking at it. I have a call scheduled with him and basically gave me 4 ways to look at this scenario

 

1.       You intend to assume the position upon Green Card

2.       You are accepting employment and will continue to work in the position for the foreseeable future upon Green Card

3.       You did intend to assume this sponsored position but due to change in circumstances have decided to work with a different employer in the same or similar occupational classification

4.       Company A intended to employ you but is no longer in the position to sponsor this position (at least not at your current salary or competitive with that salary).

 

Do you see this RFE for something for me to worry about and do you have any recommendation. I was thinking option 1 since I do intend to join Company A after GC

[t75]

Realize that they are not required to match your current salary. It is quite likely that a USC or LPR would have been willing to work for the higher salary and PERM would not have gone forward.

[jaimin19]

T-75 did not understand your reply. I joint company B after I got my I-140 approved which paid me almost double. Before that I used to work for company C

[Belle]

If you still consider A your sponsoring employer, you should submit a letter from them explaining that you have a job offer, your future start date (or "upon approval of permanent residence") and your offered wage.