RFE on my I-485 application. Please help me.....

[govindraja]

I got RFE on my I-485 application. Here are my details since I came to US.

I came to US in Sep 2000 on company A H1B and worked with company A until Sep’13th 2009. This company filed my GC in EB3 in July 2004, later 140 got approved and 485 applied in Aug 2007.

Using EAD on Sep 14th 2009 I joined company B with same job title as EB3 labor job title. I left company B and joined company C on Mar 1st 2011 using EAD. Company C filed labor under EB2 and got it approved and 140 got approved in Dec’ 2011.

I had company A H1B until Sep’2010. But using EAD I joined company B in Sep’2009.

Now my pending EB3 I-485 has been inter-linked with EB2-140 and got RFE.

When I joined company B or Company C, I did not file AC21. That was my bad.

Main contents of RFE:
-------------------------------------
A search of service records revealed that company A has I-129 with approval dates of Sep 11 2007 to Sep’ 10 2010.
According to the labor certificate submitted with the second Form I-140, you left employment with company A and went to work for company B from Sep 2009 until Feb 2011. You left company B and went to work for company C in Mar 2011.

If the alien decides to change employers, the new employer must file a petition on Form I-129 requesting classification and/or extension of the alien’s stay. The alien is not authorized to begin the new employment until the petition is approved.

Please submit evidence that you
(1) did not fail to maintain, continuously, a lawful status, and
(2) did not violate the terms and conditions of your admission into the United States in excess of 180 days.

Please help me with this RFE. I have been always maintaining my legal status and have EAD since end of 2007 though I did not use until I joined company B.

I am not sure whether officer was assuming that I have been changing employers without transferring my H1B and did not have valid H1 from Sep 2010. Though I got EAD since 2007 and renewing EADs.

I am completely in panic situation. Please help me. Anybody got this kind of RFE or how to handle this kind of RFE.

[srikant9]

Originally Posted by govindraja

I got RFE on my I-485 application. Here are my details since I came to US.

I came to US in Sep 2000 on company A H1B and worked with company A until Sep’13th 2009. This company filed my GC in EB3 in July 2004, later 140 got approved and 485 applied in Aug 2007.

Using EAD on Sep 14th 2009 I joined company B with same job title as EB3 labor job title. I left company B and joined company C on Mar 1st 2011 using EAD. Company C filed labor under EB2 and got it approved and 140 got approved in Dec’ 2011.

I had company A H1B until Sep’2010. But using EAD I joined company B in Sep’2009.

Now my pending EB3 I-485 has been inter-linked with EB2-140 and got RFE.

When I joined company B or Company C, I did not file AC21. That was my bad.

Main contents of RFE:
-------------------------------------
A search of service records revealed that company A has I-129 with approval dates of Sep 11 2007 to Sep’ 10 2010.
According to the labor certificate submitted with the second Form I-140, you left employment with company A and went to work for company B from Sep 2009 until Feb 2011. You left company B and went to work for company C in Mar 2011.

If the alien decides to change employers, the new employer must file a petition on Form I-129 requesting classification and/or extension of the alien’s stay. The alien is not authorized to begin the new employment until the petition is approved.

Please submit evidence that you
(1) did not fail to maintain, continuously, a lawful status, and
(2) did not violate the terms and conditions of your admission into the United States in excess of 180 days.

Please help me with this RFE. I have been always maintaining my legal status and have EAD since end of 2007 though I did not use until I joined company B.

I am not sure whether officer was assuming that I have been changing employers without transferring my H1B and did not have valid H1 from Sep 2010. Though I got EAD since 2007 and renewing EADs.

I am completely in panic situation. Please help me. Anybody got this kind of RFE or how to handle this kind of RFE.

I am assuming you used EAD to work for company C. The RFE is just asking if you have maintained the legal status. You need to show them copies all EAD issued since 2007 and copy of I-485 receipt.

[thomachan72]

Dont worry yours is a very simple case to solve. Dont u have an attorney? they can easily handle this.

[srikant9]

Originally Posted by srikant9

I am assuming you used EAD to work for company C. The RFE is just asking if you have maintained the legal status. You need to show them copies all EAD issued since 2007 and copy of I-485 receipt.

Also give them copies of all H1B visa, I-94s (both front and back) and I-94 stamped on your passport.

[kuyil]

You can also submit copy of the I-9 forms submitted when switching to EAD from H1b. Try to get them from the employers B and C

[gbof]

Originally Posted by govindraja

I got RFE on my I-485 application. Here are my details since I came to US.

I came to US in Sep 2000 on company A H1B and worked with company A until Sep’13th 2009. This company filed my GC in EB3 in July 2004, later 140 got approved and 485 applied in Aug 2007.

Using EAD on Sep 14th 2009 I joined company B with same job title as EB3 labor job title. I left company B and joined company C on Mar 1st 2011 using EAD. Company C filed labor under EB2 and got it approved and 140 got approved in Dec’ 2011.

I had company A H1B until Sep’2010. But using EAD I joined company B in Sep’2009.

Now my pending EB3 I-485 has been inter-linked with EB2-140 and got RFE.

When I joined company B or Company C, I did not file AC21. That was my bad.

Main contents of RFE:
-------------------------------------
A search of service records revealed that company A has I-129 with approval dates of Sep 11 2007 to Sep’ 10 2010.
According to the labor certificate submitted with the second Form I-140, you left employment with company A and went to work for company B from Sep 2009 until Feb 2011. You left company B and went to work for company C in Mar 2011.

If the alien decides to change employers, the new employer must file a petition on Form I-129 requesting classification and/or extension of the alien’s stay. The alien is not authorized to begin the new employment until the petition is approved.

Please submit evidence that you
(1) did not fail to maintain, continuously, a lawful status, and
(2) did not violate the terms and conditions of your admission into the United States in excess of 180 days.

Please help me with this RFE. I have been always maintaining my legal status and have EAD since end of 2007 though I did not use until I joined company B.

I am not sure whether officer was assuming that I have been changing employers without transferring my H1B and did not have valid H1 from Sep 2010. Though I got EAD since 2007 and renewing EADs.

I am completely in panic situation. Please help me. Anybody got this kind of RFE or how to handle this kind of RFE.

DONT panic....your attorney shud b able to sort out this. But let me tell you:
1) you are NO more on H1B once you start using EAD *previous emploer is required to inform uscis, once u Quit)
2) ac21 is NOT mandatory...and it does not help at all if u are on d rool and moving from B->C and C->D

my situ' was similar 2ur, except dat emploter filed in EB2 (not taking chances on EB1)
Came2USA in mar2000 stayed wid same uni until 08 (no ac21) had 2move again in 09 (no ac21). Got pretty simple rfe....replied self ....finall GC came wen current.

but You MUST consult attorney and respond in time. Gud Luck

[govindraja]

Thanks allot for all your support. I am going to contact attorney today.