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I 485 EB3 RFE - Company Closed - Need Advice

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  • I 485 EB3 RFE - Company Closed - Need Advice

    I recieved I 485 RFE on June'10 2009 I need to respond back by July'04.In the RFE they ask me to submit 1)proof of valid status and 2)employement letter.

    1) proof of valid status --

    Currently Iam on H1b from the same company who filed my Green Card.Iam currently working with them on H1b.I have EAD also,but i never used my EAD and it is expired now.So I can submit my I797 as a proof of valid status.

    2) proof of employement --

    I have a problem with proof of employement only.i try to contact my present company for employement letter,but no one respond back.Iam not sure whether they are still active or company closed.Iam still trying.But in the meantime I have question.
    Lets say they closed the company with out notifying me.
    -In that case what would be my status and is there any other options for me,such as immidiately move to another company by asking them to transafer my h1b and get the letter from the new company and respond back to RFE.In case i can do that what should be in the letter(i mean job requirements,experience,responsibilities and salary etc).That information should match to my labour and prior employement letters which were submitted with GC process(Labour,I 140,I 485) or it could be different?Because this is a new company offering me the job.

    -If any company can give me employement letter(feature employement) for GC RFE,can i send that letter to USCIS in response to RFE?



    Please advice me?

  • #2
    A few things that is worth sharing...you can take them for what they are worth....

    In terms of proof of status...the I797 is good--A copy of that along with a copy of your passport where you last entered the country and a copy of your current I-94 card will certaintly show proof of your status.

    On the other hand about the employment letter...you might want to re-read what you wrote previously. You stated in your last post that you tried to contact your company for a letter but they might have closed...my question is...wouldn't you know if your company closed?....and why would you not know?...to an outsider who is not knowledgeable about your suitation-that sounds very very strange.
    If you are working for a company and they close...they notify their employees that they are closing in a few days/weeks/months or at the very least you would have shown up to work one day and found the doors locked or your access restricted but to not know for certain if the company that sponsered you for an H1b visa is closed or not...something is not right with that picture. I am not looking for an explaination as to you suitation and I truely wish you the best...maybe I am missing something but according to the information you shared...something is not what it seems.

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