RFE on I485 - Urgent

[lovenfame]

Dear Experts,

 

My EB3 application was filed by Employer A in March 2005 and filed I-485 in 2007. Later I moved to employer B (current). Another employer C (future) filed a new EB2 application and after I-140 approval, EB2 application retained priority date of EB3 application thus making it current. I received a RFE on I-I485. It asks me to provide employment verification letter. 

 

I am wondering - should I get it from employer C (future/sponsor) or current employment B? Attorney of EB2 application recommends employer C (future) whereas attorney on file (EB3) recommends current employer (B). Please answer urgently. 

 

Here is the text from RFE:

Submit a currently dated letter or other evidence from your intended permanent employer that indicates your current position, if any, your proffer position, the date your began employment, and the proffered salary or wage. The letter must indicate whether the terms and conditions of the employment-based immigrant based visa petition (or labor certification) continue to exist.

 

Important: If you have changed employers since filing your application for adjustment, the letter shall be issued by the new intended permanent employer. The letter must specify the job title and duties of the proffered position, the minimal educational and/or training requirements, the date you actually began employment, and the offered salary or wage. The letter must be issued by an appropriate authority within the organization  who is authorized to make or confirm an offer of employment.

 

Additionally, if you have changed employment since filing your application for adjust of status, please submit a statement which lists the names and locations of all employers you have had in the U.S and the beginning and end dates of each position. 

[itsmeusa]

You should be getting the EVL from the employer you would like to work with for at least 180 days from the date USCIS received your I-485 - it could be employer "B" or "C".