Job Change -- not a similar job. RFE on 485.

[cahaba]

Hello All,

I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

These are my friend's details --

EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.


My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

Also suggested were EB2-NIW and self-employment options.

What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

I really appreciate all your replies. Pl treat this as very urgent.

Thanks.

[cahaba]

Any ideas guys on legal ways to tacke this situation? This is extremely urgent. Pl let know if you have any comments.

[Ramba]

Originally Posted by cahaba

Hello All,

I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

These are my friend's details --

EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.


My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

Also suggested were EB2-NIW and self-employment options.

What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

I really appreciate all your replies. Pl treat this as very urgent.

Thanks.

Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.

[doceb2]

i also need the answet to this question , how should one respond if somebody gets rfe with different job

[zCool]

Originally Posted by cahaba

Hello All,

I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

These are my friend's details --

EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.


My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

Also suggested were EB2-NIW and self-employment options.

What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

I really appreciate all your replies. Pl treat this as very urgent.

Thanks.

Lawyer is correct. letter needs to be from future employer.
EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..

[ilikekilo]

Originally Posted by cahaba

Hello All,

I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

These are my friend's details --

EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.


My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

Also suggested were EB2-NIW and self-employment options.

What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

I really appreciate all your replies. Pl treat this as very urgent.

Thanks.

my 2 cents

probably long shot, but can he ask his existing employer to give a EVL based on his old labor, not asking you to lie or whatever, howwever, U r suggesting to USCIS that besides the technical job he does which is mentioned in the EVL he also "wears a hat of MMgr" or whatever...hope it makes sense...

[cahaba]

Thanks all for your responses.
I will get the ONET job codes and post them over here.

Also, how do you guys feel about the self employed option? My friend or his spouse can start a company (LLC) and he can part-time and remotely work on some projects while pursuing his current Marketing Manager job. Does anybody have experience or know somebody who has used the self-employed option.

Thanks.

[lord_labaku]

Your friend is capable of a lot; but incapable of asking his own questions !!! Not being cynical or rubbing salt on a wound....but whats the harm in claiming that its your own problem instead of a 3rd persons.?

Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.

Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.

Good luck - to your friend.

[cahaba]

Originally Posted by lord_labaku

Your friend is capable of a lot; but incapable of asking his own questions !!! Not being cynical or rubbing salt on a wound....but whats the harm in claiming that its your own problem instead of a 3rd persons.?

Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.

Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.

Good luck - to your friend.

Hello,
Thanks for your reply. But I do not appreciate the sarcastic cynicism . The only reason I am fronting for my friend is 1. he does not have time now and 2. because of the apprehension that participating in forums like this may put him in more hot soup. I hope you understand.
Also, I am at loss to understand how can people jump to imaginary conclusions without any supporting basis.
Please let us not create any distractions for a really serious problem we have on hand. I am not going to engage in war of words, even if you have a retort for me.
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