I have an active EAD at this time. My previous employer has withdrawn my I-140 and I have a NOID from USCIS. I have an 80/20 arrangement with the current employer to whom I ported using AC21 in July 2008. I have been on the bench for a few months after I ported to this employer. In the NOID, the USCIS has asked me to give a current dated letter from my current employer. My current employer says he will issue a current dated letter but will state that I have worked with him on specific projects and give only those dates when I had a project. I have the W2 forms issued to me by this employer for 2008 and 2009. Will this be a problem when I submit this letter to USCIS?

Thanks,
RC

Sorry for the delay in replying, this is a tricky one because the whole issue depends on what your original labor certification was for?

Usually the LC is always for full time employment. If you don't have a job offer for full time employment when you adjust, the CIS will likely deny your application.

One good point is the fact that you have W2's for 08 and 09 if the gross amounts are close or higher than the stated salary in the LC you may be fine else if they are lower then the CIS will focus on the employment dates and figure that this is part time only.

Your options all of which are pretty tough in the time frame are
- to get a new job (same/similar)
- hope that you will find a favorable officer who will not focus on the details.
- get the employer to just give a 2 or 3 line employment letter with title and salary.