RFE on I485 application

[thewall]

I came to the US in Jan 2007 on an H1 from Company A. Through personal contacts, I was able to file I140 and I485 applications (labour substitution) concurrently (for me and my family). My I140 got approved more than a year back and now I have an RFE on our 485 applications. This labour was from Company B and I originally intended to join them after getting my GC. But, I found a better job offer and am currently employed with Company C. The RFE requires me to provide AC21 from my employer, W2 and paystubs along with other documents. Would the USCIS be looking for me to have worked for Company B at some point in time during these 2 years?

[txh1b]

No, there is no requirement to be working/have worked for the GC sponsor as long as you meet other AC21 requirements. Talk to a lawyer that can handle the RFE well or you might get screwed.

[thewall]

RFE on I485 application

Thanks for the reply. That sounds comforting as the lawyer handling my case is actually through the company that filed my labour. The way I was explained about this RFE was like I had to join Company C ASAP, or else my case could get rejected.

[txh1b]

Was it an ability to pay issue? The lawyer may be advising you to do it to avoid potential fraud issues as you never intended to work for the GC sponsor. On a future employment case, if the person does not work for the employer sponsoring the GC, there is a possibility of considering the GC fraudulent.

[thewall]

RFE on 485

It was not an issue with the ability to pay. It was just that I was supposed to join them after my GC was approved ..... Now I have a better offer and I might not join them at all. Not sure what this would result in?