I140 RFE for Future employer

Hi This is Vinod. I working for employer A, due to delay in filing Green card. Employer B started processing it as future employment. We got approval for PERM. Now we got RFE for I140.

USCIS is asking for contracts under which beneficiary will be employed.
Contracts include:

  • Length of contract
  • Name of contracting employer who will provide employment for the beneficiary?
  • Address of the beneficiary intended employment
  • Contact name and email information for each contracted agancies.

Please suggest me how to respond this RFE?

Thanks in Advance,
Vinod Upputuri

Hi @upputuri.vinod

What’s the problem in submitting the documents as requested by USCIS?

Your future Employer has to send all these.

My employer is Consulting and Staffing Agency, in that case i am not able to understand which job they are referring to. Usually Consulting companies won’t have job in their company they usually out source. In that case while filing PERM which job they are referring? I am want to understand how things work in this scenario.

Hi @upputuri.vinod

How can your employer file PERM and i140 if they do not have a job for you?

You need to understand the PERM and i140 cannot be filed in the air. If your employer filed it, then they must have shown a valid job that exists in their company for you.

I suggest to talk to your employer’s attorney as they would know what to do here. They can’t file your PERM and i140 if they cannot prove that they have future job for you.