Current Employment and Maintenance of Status for I-485 RFE

[krishn]

What all documents do we have to submit for maintenance of status ?


My current employer/company HR & HR VP is saying that they cannot give a letter describing job duties. The director or PM will issue it. will it be ok ? I have joined the client company in 2009 using AC21.

is it still required to get a letter from consulting company that filed for my greencard ?

here is the excerpt on the EVL.

CURRENT EMPLOYMENT LETTER

Submit a currently dated letter from your petitioning(Form I-140) employer, verifying your employment with them and

whether their job offer continues to exist. The new job offer letter must describe your current position and duties, the job title and duties of the offered position(if different from your current one), the date you began employment and the salary or wage paid. This letter should be on the company letterhead and signed in the original, by a person to make or confirm an offer of permanent employment.


Important: if you are no longer working for your original Form I-140 petitioner , submit a written explanation for the change. You may also submit evidence to show you remain eligible to adjust through visa portability under section 204(j) of the Immigration and Nationality Act(INA). INA 204(j) job portability applies if your Form I-485 has been pending for more than 180 days and your new intended permanent employment is the same as or similar to the original form I-140 position. To seek portability, you must submit a currently dated letter from your new employer , verifying your employment with them and describing the offered position. As above, this letter must describe your current job title and duties, the position offered(if different from your current one), the date you began employment and the offered salary or wage. The letter should be on company letterhead and signed in the original as described above.

Thanks a lot for your help.

[gcq]

What all documents do we have to submit for maintenance of status ?


My current employer/company HR & HR VP is saying that they cannot give a letter describing job duties. The director or PM will issue it. will it be ok ? I have joined the client company in 2009 using AC21.

is it still required to get a letter from consulting company that filed for my greencard ?

here is the excerpt on the EVL.




Thanks a lot for your help.

If you have joined your client, you no longer need letter from your consulting company.
As for who will issue the letter, you prepare the letter, ask your manager to approve the duties and ask HR to print the letter on letter head and HR sign it. I don't think HR should have an issue with it as your manager already approved the job description. Worst case get the letter directly from director/PM on company letter head. That should work.

[krishn]

Thanks gcq

[krishn]

Mainteanance of status

Please submit proof of your continuous employment authorization in the U.S. from the date you filed your Form I-485 to the present. Such evidence may include copies of:

• Employment Authorization Documents(EAD's Forms I-688 or I-766) granted to you by USCIS

• Form I-797 approval notices , showing you were granted status in an employment-authorized nonimmigrant status, or

• Copies of form I-94 Arrival/Departure Records showing you were admitted to the US in an employment-authorized nonimmigrant status.

So for this "maintenance of status" RFE : Are copies of EAD sufficient ? or are i-797 H1B approval notices are also being asked ? and also I-94 being asked ?

or do I have to submit all I-94 copies , I-797 copies and EAD copies ?

can someone please let me know which all copies do i send in for this RFE ?

Thanks

Answer: General consensus from most including several Attorney's is that Copies of ALL I-797 H1B approval Notices and EAD Cards is required to send in for 'maintenance of status' RFE.

[gcq]

So for this "maintenance of status" RFE : Are copies of EAD sufficient ? or are i-797 H1B approval notices are also being asked ? and also I-94 being asked ?

or do I have to submit all I-94 copies , I-797 copies and EAD copies ?

can someone please let me know which all copies do i send in for this RFE ?

Thanks

The wording in RFE indicates work authorization not status.
For work authorization EAD or H1B I-94 is enough. Provide what was actively being used. Many of us have EAD and H1B, but use H1B for work authorization. Basically you provide the work authorization that was listed on your I-9 form with employer for a given period.

For status:
EAD does not provide you any status.
I-94 gives you status.
Pending I-485 gives you status.
Provide what is appropriate for a given period.

[vickywac]

If you have joined your client, you no longer need letter from your consulting company.
As for who will issue the letter, you prepare the letter, ask your manager to approve the duties and ask HR to print the letter on letter head and HR sign it. I don't think HR should have an issue with it as your manager already approved the job description. Worst case get the letter directly from director/PM on company letter head. That should work.

Gcq,
My NEW employer is not willing to provide minimum educational requirement for position in EVL but, My job duties are exactly match with my original labor. Do the EVL need to state the Educational requirement and failing to state would be an issue?

[vickywac]

As I dont renew the H1B after EAD, I provide the copy of all EAD's to prove my legal status. Anyways EAD is not "Legal status", its just a document to work. I am really puzzled what actualy USCIS is asking for.

[gcq]

Gcq,
My NEW employer is not willing to provide minimum educational requirement for position in EVL but, My job duties are exactly match with my original labor. Do the EVL need to state the Educational requirement and failing to state would be an issue?

EVL should have educational requirement. That is one of the deciding factor for a same/similar job. When your position was advertised ( when you applied for this job), it should have an educational/experience requirement. Get hold of it from your old mails and convince your manager/HR to include it in the letter. They can't deny that because they only put in that requirement,

[gcq]

As I dont renew the H1B after EAD, I provide the copy of all EAD's to prove my legal status. Anyways EAD is not "Legal status", its just a document to work. I am really puzzled what actualy USCIS is asking for.

Since you were on EAD at that time, AOS is your status during that duration. So provide a copy of I-485 receipt to prove your status for that period.

[vickywac]

Thanks gcq!

[krakjack]

I recently got an RFE requesting proof that I maintained nonimmigrant status *after* filing I485. I filed I485 on 27 Feb 2012, and was on H1B at the time. Then in November 2013, I changed jobs using AC21 and switched to using EAD. I always have had continuous employment authorization during this entire period. As such, I can certainly send copies of I-485 receipt notice, I94, H1B approval notices, and those for the EAD/AP. However, once we use EAD/AP we are not in nonimmigrant status, but rather in "Authorized Stay". I was wondering if I can use any other documentation than that I listed above. Thanks for your help!

[krishn]

The wording in RFE indicates work authorization not status.
For work authorization EAD or H1B I-94 is enough. Provide what was actively being used. Many of us have EAD and H1B, but use H1B for work authorization. Basically you provide the work authorization that was listed on your I-9 form with employer for a given period.

For status:
EAD does not provide you any status.
I-94 gives you status.
Pending I-485 gives you status.
Provide what is appropriate for a given period.

Thanks GCQ. Yes I got to provide all copies of EAD and H1B I-797 approval notice.