Invoking AC21, but RFE on wife's EAD

[rajmalhotra]

Hello,

My 180 day period ends on January 8th and was planning to invoke AC21 to change employers.

My wife's EAD was applied in November. I just found that a RFE has been issued on her application on Dec. 31st.

I am planning to stick with current employer atleast till the answer to this RFE has been filed.

Do you think there would be any problems if I leave after the answer to RFE has been filed OR// should I wait till my wife receives her EAD.

Thanks.

[hpandey]

Hello,

My 180 day period ends on January 8th and was planning to invoke AC21 to change employers.

My wife's EAD was applied in November. I just found that a RFE has been issued on her application on Dec. 31st.

I am planning to stick with current employer atleast till the answer to this RFE has been filed.

Do you think there would be any problems if I leave after the answer to RFE has been filed OR// should I wait till my wife receives her EAD.

Thanks.

Just a wild guess that the Criminal Record that you mentioned for the primary applicant might have something to do with it or it could just be a very simple thing like missing information.

I would say stick with your present company until the RFE of your wife is settled . Its not worth it to jeopardize her GC process if you can wait a few months.

Best consult a qualified attorney.

[rajmalhotra]

I will talk to my employer's attorney and find what kind of RFE is it.

What if the RFE is just request for additional documents and nothing serious, would there be any harm in changing the employers then?

A more general question would be, do we need all documents (AP, EADs) before invoking AC21 and changing the employer? (We have already received APs for both of us, just my wife's EAD is missing)

Thanks Again...

[lazycis]

RFE on EAD is usually issued if the USCIS wants a quality photo of an applicant. I would not worry about it too much.

[rajmalhotra]

RFE on EAD is usually issued if the USCIS wants a quality photo of an applicant. I would not worry about it too much.

My question is, If I leave my current employer...can I still deal with this RFE via my own attorney...or should I wait till my wife receives her EAD and then leave current employer.

[wandmaker]

My question is, If I leave my current employer...can I still deal with this RFE via my own attorney...or should I wait till my wife receives her EAD and then leave current employer.

Wait until at least you receive the copy of RFE - You can answer the RFE through your current company attorney or the new attorney. RFE notice most likely will request for clear copies of Passport, DL, photo etc...