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Topic: AC-21 Employment Letter Question
Hello Gurus,
I got a quick question: Can an offer letter be used as an employment letter and the job description for that position attached to it from the actual job posting.
Would appreciate any answers.
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I would say no because the offer letter does not confirm that you are employed at the company....that you are presently being paid wages above what is on your labor....and it does not state that the employer is in support of your adjustments.
Even though it may state that an offer is being made, the wages, and the duties.
Comments are welcomed.
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Thanks.
But the new employer says that they cannot give me the verification letter, until I have joined them and they do not sponsor candidates, and I cannot join them till I have resigned from the present position.
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Just get one from the employer you work for right now. That will cover you for the mean time. Then once you are employed get the new one to do a letter, if needs be. Why did they say they do not sponsor candidates? You don't need it to get a visa, you are waiting for one right now. You only need it to prove you are gainfully employed and are following all the rules. You would be using EAD to transfer to new employer and that means you don't need sponsoring.
VOE's are gotten for many various reasons; for loans, buying a house, renting a house, building a 2nd business.
You do not have to invoke AC21 right away. We have not invoked yet and will only do so if USCIS do an RFE on employment. Then again, our situation is a little different as company lost business in that section and there was no more work so had to leave. Got new job 2 days later so all went well. Identical job title/position and work. In fact ours is easy as when LC and I-140 were gain was working at that client site.
Lots of folks do not invoke AC21 the day they leave. They do it after they have started for new employer. This way you can say to new employer that immigration have requested evidence that you now work for them, if you feel you need to tell them why the VOE is required. I haven't ever heard of an employer who would not confirm employment for immigration purposes. They are not promising to sponsor you, just confirming that yuou now work for them blah blah blah.
Good luck and Cheers,
LRIndy.
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Thanks for the reply,
But doesn't the employer need to say that they do not have any problem with me continuing with my (GC) process in the letter. The only reason I am worried is HR is ignorant about the whole process and they are just lazy in the sense they dont want to take responsibility and get scared when the word "immigration" comes up.
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No they do not have to say that they do not have a problem with you continuing you GC (I take back what I said early because I just read my own letter)
Here is my letter if it would help (Greg Siskind is my lawyer and this is what they crafted)
I invoked AC21 with I140 pending and was approved, but my previous employer and current employer were very supportive and helpful. I guess USCIS accepted this letter in its format....I hope this helps.
On a side note when approaching these american employers it is best not to bring up immigration. When you start to work just tell them you need an employment verification letter for your residency purposes. THE WORD IMMIGRATION, GREEN CARD SETS OFF RED FLAGS. But if have found that just saying USCIS needs documentation on my PERMANENT RESIDENCE FILE to ensure that I am still employed and I am not becomming a ward of the state....BINGO....we are not using UNEMPLOYMENT MONEY...they give the letter.
ANYWAY HERE IS THE LETTER
May 22, 2008
USCIS Nebraska Service Center
850 S Street,
P.O. Box 82521
Lincoln, NE 68508
RE: Employment of NAME as a POSITION
To Whom It May Concern:
As the POSITION OF PERSON DOING LETTER (OWNER, BOSS HR) of COMPANY NAME, I offer this letter to confirm our company’s employment of YOUR NAME in the position of YOUR POSITION.
COMPANY NAME AND DESCRIPTION OF SERVICES ENGAGED IN.
As a POSITION, NAME duties include the following:
LIST OF ALL DUTIES (MUST CORRESPOND TO LABOR)
It is my understanding that NAME duties and position with our company are substantially the same as or very similar to those he/she performed for his/her previous employer, NAME. His/Her extensive professional experience as a POSITION, in addition to his/her QUALIFICATIONS, makes him/her a great asset to us.
For his/her work as a POSITION, NAME receives an annual salary of approximately AMOUNT (GREATER THAN PREVAILING WAGE). His/Her employment with our company is pursuant to his/her Employment Authorization Document, granted as part of his/her pending application for U.S. permanent residence and valid until DATE.
If you require additional information regarding NAME employment, I am happy to be of assistance.
Sincerely,
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