Working part time for a while with Sponsoring Company & EVL RFE

[krystalclear]

I have worked full time from 2002 to 2009 for I-140 sponsoring employer XYZ. My AOS has been pending since 2007. However after 2009 I have been working part time for the same (PR sponsoring) XYZ company.

 

I have received an RFE for Employment Verification Letter. What are potential problems in submitting EVL from the XYZ Company? And Is it safe to join the sponsoring XYZ Company on a full time basis upon receiving the AOS Approval? 

[jairichi]

Was your H1B petition amended for this part time work?

[krystalclear]

Was your H1B petition amended for this part time work?

Thanks jairichi.

I have been working on EAD since 2009 and hence no amendment was filed. 

[krystalclear]

Thank you jairichi for the reply. 

I have been working on EAD since approval of I-140 and hence no H1B amended was made. Am I missing something? 

[livliv]

All the qualifying employment (the previous employment which qualified you for the GC job) must have taken place before the GC was filed. So you only need employment letter for that previous employment. Whether you are currently working (full-time/part-time/not working) does not matter.

Since petition was filed with the intent of joining this permanent job, you must do so after getting the GC.

[JoeF]

Since petition was filed with the intent of joining this permanent job, you must do so after getting the GC.

 

And that must be full-time work after getting the GC, because a GC requires a full-time job offer.

There may be questions regarding ability to pay, though, if the person isn't working full-time for the employer already.

This should be discussed with a good immigration lawyer.