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  #1 (permalink)  
Old 07-16-2009, 08:25 PM
Junior Member
Priority Date
:
Feb-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/07/2007
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Posts: 2
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Default AC21 EVL format

HI need some clarification on the format that needs to be used in AC21 Employment Verification Letter-
My attorney says that we need to put something like this-

[Employer ] has made an offer of fulltime permanent employment to [employee ] at annual salary as stated in I 140 petition, offer is still open and we will continue to employ [Employee] evene after he adjust his status to a permamnent resident of US


but employer is not ready to give the same format and they are giving something mention below -
Employer has extended a offer of at will employment on a fulltime ongoing basis of indefinite duration . Employee is currently employed by our company pursuant to the terms and conditions listed.

will it make any diffrence if letter given by employer is send .
now I am really confused what to do.
expert advice is needed.
Thanks in advance.
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  #2 (permalink)  
Old 07-29-2009, 01:09 PM
jsb jsb is offline
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
06/01/2005
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:
India
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:
N/A
I485 Mailed Date
:
06/29/2007
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Join Date: Aug 2007
Posts: 819
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Quote:
Originally Posted by GmailUser View Post
HI need some clarification on the format that needs to be used in AC21 Employment Verification Letter-
My attorney says that we need to put something like this-

[Employer ] has made an offer of fulltime permanent employment to [employee ] at annual salary as stated in I 140 petition, offer is still open and we will continue to employ [Employee] evene after he adjust his status to a permamnent resident of US


but employer is not ready to give the same format and they are giving something mention below -
Employer has extended a offer of at will employment on a fulltime ongoing basis of indefinite duration . Employee is currently employed by our company pursuant to the terms and conditions listed.

will it make any diffrence if letter given by employer is send .
now I am really confused what to do.
expert advice is needed.
Thanks in advance.
I-140 and the whole GC process is for future job (upon your getting GC). Therefore, whatever an employer says must in someway confirm that fact. Simply saying that you are currently employed does not confirm that you will be employed after you get your GC. When an employer files a I-140 they undertake to employ you after you get your GC. It does not matter if you are currently employed. Even if you are, you are employed as a "guest worker". If your past sponsor who filed I-140 for you has not withdrawn your I-140 you need not do anything. Usually there is no need to send anything to USCIS unless and until they ask for something.

Last edited by jsb; 07-30-2009 at 10:26 AM.
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  #3 (permalink)  
Old 07-29-2009, 07:36 PM
Junior Member
Priority Date
:
Feb-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/07/2007
Compare
Join Date: Jul 2009
Posts: 2
GmailUser is on a distinguished road
Default

Thanks
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  #4 (permalink)  
Old 08-23-2009, 01:45 AM
Member
Priority Date
:
Jun-05
Category
:
EB3
I140 Mailed Date
:
11/11/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Jul 2007
Posts: 46
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Unhappy Did not invoke AC21, RFE now

Company A applied for my labor and I140(approved and Active currently) in 2005. Moved to company C in April 2007(H1 transfer), applied for I485 using Company A's EVL in July 2007. I got a 485 RFE now for EVL. Can I now say that I have used AC 21 by sending relevant documents or should I send EVL from Company A?

Quote:
Originally Posted by jsb View Post
I-140 and the whole GC process is for future job (upon your getting GC). Therefore, whatever an employer says must in someway confirm that fact. Simply saying that you are currently employed does not confirm that you will be employed after you get your GC. When an employer files a I-140 they undertake to employ you after you get your GC. It does not matter if you are currently employed. Even if you are, you are employed as a "guest worker". If your past sponsor who filed I-140 for you has not withdrawn your I-140 you need not do anything. Usually there is no need to send anything to USCIS unless and until they ask for something.
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