help - request for initial evidence (I-485) received

[cestmoilance 4]

I need some suggestion.

Recently I received Request for Initial Evidence (I-485) asking for evidence of the petitioner/sponsor's current income.

Here is the situation.

The AOS beneficiary works full time under H1B and makes more than the required 125% property line. The petitioner was unemployed for 3 years until March 2015 then started to work full time and make more than 125%. We filed I-485 in late March 2015 and submitted the petitioner's three year tax transcript (which does not meet the 125% line), and the petitioner's current employment letter. The beneficiary submitted his three year tax transcripts (above 125% line), employment letter stating (free will employment, the employer basically says the beneficiary and leave whenever and they can fire whenever).

My question is, we stated in the application clearly that the majority of the household income comes from the beneficiary. The petitioner just started the full time job and don't have 6 months pay stab. The only thing we can add is two months of pay stub the petitioner have, 6 month pay stub the beneficiary has. Employer is pretty much useless in "prospects for future employment and advancement) because no one can guarantee a life time employment.

Should I also include my home equity, 401K, stock investment as well?

Thanks much

[cestmoilance 4]

The beneficiary's employer is a big bank. Due to its nature of self protection, it won't guarantee the continuance of employment. I don't understand why "full time salaried associate" cannot prove "continue after becoming a permanent resident". This rule sounds ridiculous.......

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from work visa~

[NancyNguyen 1,657]

The beneficiary's employer is a big bank. Due to its nature of self protection, it won't guarantee the continuance of employment. I don't understand why "full time salaried associate" cannot prove "continue after becoming a permanent resident". This rule sounds ridiculous.......

Well, it is straightforward. If you can't prove your job will be from same source after you get your green card, how can you self sponsor? It is time to find joint sponsor.

By the way, it is not life time employment, but at least job contract shows they would hire him for a certain time.

Edited April 24, 2015 by NancyNguyen

[cestmoilance 4]

It's actually not that straightforward. In private sector, no employer would say the guarantee your employment for certain period of time. I am a full time regular (permanent) staff, this doesn't mean my employer is not going to give me a severance package tomorrow if market went south.I am sure people working on long term project for Bear Stearns lost their job when subprime blew up.

I am just saying the best guarantee uscis can get for any case is the fact that this person is employed as of the time he or she is employed. Future is a random walk down the street.

[amartins 11]

My situation varies slightly in that it was the petitioner who provided the letters, but the letter from the employer read the following:

'This is to certify that John Doe is a full-time employee of ABC Company. He works as a Smartness Engineer and has done so since January 7, 1914. His annual salary is $500,000,000.

This certification has been issued as required by USCIS.

[signature]

Mary MacDougall

Director of Human Resources

February 7, 2015'

It was printed on company letterhead. Sure, California, like most states, is an at-will employment state, but there was no need to point that out on the certification. She also didn't mention that they provide me with all legal meal breaks and do not traffic illegal drugs, since obeying all laws was simply implied. Perhaps you can get a letter that simply states the current facts and doesn't point out that anyone can get fired?