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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28202
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have one approved EB2 140, and I am going to submit 485 now.

Customer Question

I have one approved EB2 140, and I am going to submit 485 now. My company have relationship with some attorney firm,but I want to do it through other attorneys. The problem is there is a need for employment verification letter.
If I find my own lawyer, company will only provide standard verification letter saying someone is employed since when and hold which position have a salary of which.I heard 485 require the letter to state the willingness of the company to continue hire someone after 485 is approved, and it need job duty description stuff.
Will I be able to do use the standard verification letter? Thanks very much.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
You do not need the continueing employment letter until USCIS get ready to approve the I-485. They may send out an RFE for that if processing of your 485 takes more than 6 months.
However, you may get by with the standard employment letter which states everything but their intent to continue to hire you into the future.
May I ask why you want to use a different attorney than the company lawyers?
Judith
Customer: replied 1 year ago.
Because my company lawyer charge a much higher rate.So when USCIS get ready to approve the I485, they will need continuing employment letter? What HR said is they won't be able to provide any personalized letter now, and I think they probably won't provide it in the future for the RFE. If this is a necessity then I have to go through my company attorney firm right? HR mentioned the attorney will draft some EVL and HR will sign it. But not if we do it on our own.
Expert:  Judith replied 1 year ago.
USCIS routinely wants a statement in the letter that the company is intending to employ you in the future. Why?
Because the I-140 petition is for an offer of employment prospectively AFTER you have your resident status. The resident status is based on employment with your sponsor after you receive your status. You do not have to be working for the sponsor until after adjustment.
It doesn't matter if you have worked for 100 years on a temp visa for the sponsor, what counts is the intent to employ after adjustment and you need to follow through on that intent for at least 6 months after adjustment.
So unfortunately in most cases USCIS does want the prospective offer of employment from the sponsoring employer.
It is too bad the the company lawyers take advantage of the company policy by charging extraordinary fees. It is not unusual for a company to require using their chosen counsel because it is so much easier on HR to deal with one firm that has all their info and knows everything about the company.
But the I-485 is not really in any involving the company except for the letter.
The only way you can really look at this as an investment in a future of freedom.
I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
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Judith
Expert:  Judith replied 1 year ago.
Hi, just checking in to ask if my answer was helpful?
Is there anything more I can answer for you to satisfy you?
Judith
Customer: replied 1 year ago.
yes,its pretty helpful. i was wondering is this a standard policy or it depends on different immigrant officer? Basically the chance I could get by with a standar EVL is pretty small right?
Expert:  Judith replied 1 year ago.
There is no policy memorandum from USCIS on this and each adjudicator is given discretion to ask for what they want.
Usually so form of offer following adjustment of status is required. That is not to say you couldn't get away with it if lady luck is with you.
Judith

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