Rfe on i 485

[h12gc]

Hi guys,

My details: EB2 NSC,Aug 2005 PD,1485 notice date: august 2nd 2007,140 approved,EAD valid till 2010 september.

I got an RFE on my I 485 on April 15th asking for employment letter from intended permanent employer.Last month my employer cancelled my H-1 Visa, I think that trigerred this RFE.Currently I'm on EAD.So I don't think It will hurt my status.

My Employer gave me the employment letter with same job title and duties as Labor certification.My Employer is an IT consulting firm.Currently I'm not on project with him.I'm benched for last few months.Since GC is future process he had issued employment letter.But Technically I'm with out pay stubs for few months.Does it hurt my GC process?

Also I spoke to my employer and he said given current market situation I can find a similar job with any employer and use my EAD he has no problems in supporting my GC process since it is future employment.My question is Can I work on contract to w-2 positions with any recruiting firms and not to file AC 21 with them since I have already have an offer from my own GC sponsered employer?

Can I take full time position with end client and not file AC 21 since I already have an offer letter from my current employer intending to hire me permanently once GC is approved.

In present market situation I'm finding positions which are asking for con_w2 or fulltime positions with the end clients.No corp to corp positions in IT industry.

Please any one advice me on this.

Thanks
h12gc

[h12gc]

Could any one please answer my questions about my RFE on I 485?

Thanks
h12gc

[krupa]

I do not think that you have any issues to work on W2 with an end client or with any other consulting company. Since you have completed six months period with your present employer, who supported to file GC , from the date filing I 485, there should not be any issues at all. Also filing AC21 is optional. If you are on bench your first option should be to find a project ASAP.
Why do you do not want to file AC21, do you have any apprhencion or any specific reason ?

Regarding your first question : QUOTE [Could any one please answer my questions about my RFE on I 485?]
Many applicants got same RFE. I believe no body knows accurately reason for this type of RFE. There may be valid reason for this type of RFE , that 485 applicant is on bench for a long period , left USA surrendering I94 , Employer might have cancelled H1 visa and even some applicant got RFE without of any of these reasons.

[h12gc]

Thanks Krupa for your reply.

Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD

1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.

2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k

As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,

Business Analyst:Finance,Health care,ERP,Insurance

QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc


All the above jobs are paid average $110k(Minimum 90k)

My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this

3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?

Thanks for reading my post.Any inputs will be appreciated

Thanks
h12gc

[morchu]

Your question 1 & 2 is the same.And you already know the answer.
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.

Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.

Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD

1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.

2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k

As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,

Business Analyst:Finance,Health care,ERP,Insurance

QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc


All the above jobs are paid average $110k(Minimum 90k)

My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this

3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?

Thanks for reading my post.Any inputs will be appreciated

Thanks
h12gc

[h12gc]

Thanks Morcha for your reply.