Get EVL from old or new employer?


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Attorneys and senior members, please advice as to which of these two options have the least risk and highest chance of success:


Here is my situation: Moved to company B after 180 on my EAD, but did not file AC21. Now, I got an RFE, asking for an employment verification letter (EVL). 


Is it better to get it from my original GC Sponsoring employer (Employer A) or get it from my new employer (Employer B).


My thinking is that if I get it from employer B, USCIS may further question more regarding the similarity of the job or for not filing AC21 or for something new . But if the old employer can state that the job offer still exists, I feel it is very straightforward. Is my thinking correct? Please advice.


Also, is there any risk to my old employer to give me this EVL letter?


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  • 3 weeks later...

As long as your old employer did not cancel the i-140, I am sure that he can support to give you an EVL. But I also think after getting green card, you need to work for your old employer minimum 6 months. This is must.


Coming to risk to your employer, there is a meager chance that he might get a question to prove that u r still his employee, in that case ur old employer may not prove any pay stubs.. But still he can answer as u will be his future employee once GC is approved.


Guys, though some input if I am wrong.

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