485 jeopardy with old versus new company

[ksvreg]

My friend is in dilema on 485 jeopardy with old versus new company. His I-140 approved(EB2 Category, PD Nov:2004) and he joined in a big company after 180 days. He was with murthy law firm and they are preparing ac21 after he joined in the big company. Meantime, USCIS issued RFE on employment verifcation. Murthy lawfirm adviced him to get a letter from the new company to reply to the RFE and said they are going to submit RFE and AC21 at the same time. They gave the employment letter template to get employment letter from the new company. But the new company does not want to give the employment letter exactly as requested. My friend reported about this to lawfirm and they said, they can submit that as it is, but the chances are 90/10(accept/refect) percent. Also lawfirm mentioned about the option to back to the old employer and said 99/1 percent chance regarding accept/reject. Now my friend is thinking to back and join with old company to answer rfe and stay back with that company because of the rigid nature of new company. My friend called his old employer. Employer aggreed to join back in his company. Also employer mentioned that there was big query from USCIS regarding financial abiity on one of employee's I-140. Employer said, his lawfirm submitted the response and wating for the response from USCIS. He said, only one or two cases have this effect. My friend case have no effect because it was approved already. But generously suggested to stay with new company instead of coming back to him. Also the employer mentioned that, he is going to revoke I-140 to reduce the burden. So, my friend is in dilema whether to go back to old employer and stay with new. His PD is 2004 and has great chances to get GC this year. Will AC21 and revocation of I-140 put him in trouble or financial ability issue will hit his approved I-140? Do not know. Which is less risky at this moment? Join in old company? Stay with new company? (remember it is a very big company and he may face a hard time to get what he want with respect to letters related to immigration) Please help. Thanks.

[dealsnet]

If your friend have big problem, let him post it. He only know the exact details.

My friend is in dilema on 485 jeopardy with old versus new company. His I-140 approved(EB2 Category, PD Nov:2004) and he joined in a big company after 180 days. He was with murthy law firm and they are preparing ac21 after he joined in the big company. Meantime, USCIS issued RFE on employment verifcation. Murthy lawfirm adviced him to get a letter from the new company to reply to the RFE and said they are going to submit RFE and AC21 at the same time. They gave the employment letter template to get employment letter from the new company. But the new company does not want to give the employment letter exactly as requested. My friend reported about this to lawfirm and they said, they can submit that as it is, but the chances are 90/10(accept/refect) percent. Also lawfirm mentioned about the option to back to the old employer and said 99/1 percent chance regarding accept/reject. Now my friend is thinking to back and join with old company to answer rfe and stay back with that company because of the rigid nature of new company. My friend called his old employer. Employer aggreed to join back in his company. Also employer mentioned that there was big query from USCIS regarding financial abiity on one of employee's I-140. Employer said, his lawfirm submitted the response and wating for the response from USCIS. He said, only one or two cases have this effect. My friend case have no effect because it was approved already. But generously suggested to stay with new company instead of coming back to him. Also the employer mentioned that, he is going to revoke I-140 to reduce the burden. So, my friend is in dilema whether to go back to old employer and stay with new. His PD is 2004 and has great chances to get GC this year. Will AC21 and revocation of I-140 put him in trouble or financial ability issue will hit his approved I-140? Do not know. Which is less risky at this moment? Join in old company? Stay with new company? (remember it is a very big company and he may face a hard time to get what he want with respect to letters related to immigration) Please help. Thanks.

[ksvreg]

Yes, he can post but he had some other important things to work out related to immigration. Please help.

[morchu]

I believe USCIS cannot reject the 485 based on the fact that you didnt provide the letter in the exact format they wanted. The burden is on you to prove the "same/similar" nature of the job. As long as you can prove that, you should be fine. Most employers will be willing to give a regular employment letter clearly stating your job duties, start date, permanent nature.

Now UCSIC sometimes does rejections incorrectly. But they has to follow the law, and law doesnt mention that they can reject based on the reason of a different format in the letter.

Yes, he can post but he had some other important things to work out related to immigration. Please help.