AC21 h1 transfer RFE, quit old company - please help

[ftp1234]

I saw online that USCIS sent an RFE for my H1 transfer (not premium processing) yesterday.
Since the receipt notice had come, I planned to join new company B on Jan 4, and I quit my old company A last week.

1. Can I join my new company B, in spite of the pending RFE?
2. My 140 is approved, 485 pending since 2007, first 6 yrs of H1 expiring in Aug 2010, have EAD till 11/2010. In the worst case, if H1 transfer gets denied, can I switch to using my EAD for working for new company B(AC21)?

Thanks,
ftp

[wandmaker]

Originally Posted by ftp1234

I saw online that USCIS sent an RFE for my H1 transfer (not premium processing) yesterday.
Since the receipt notice had come, I planned to join new company B on Jan 4, and I quit my old company A last week.

1. Can I join my new company B, in spite of the pending RFE?
2. My 140 is approved, 485 pending since 2007, first 6 yrs of H1 expiring in Aug 2010, have EAD till 11/2010. In the worst case, if H1 transfer gets denied, can I switch to using my EAD for working for new company B(AC21)?

Thanks,
ftp

ftp> mget *.question
mget CanIjoinmynewcompanyB,inspiteofthependingRFE.quest ion? yes
227 Entering Passive Mode
150 Accepted data connection
226-File successfully transferred
226 0.000 seconds (measured here), 99.90 Kbytes per second
4 bytes received in 0.00039 seconds (9.9 Kbytes/s)
mget Intheworstcase,ifH1transfergetsdenied,canIswitchto usingmyEADforworkingfornewcompanyBAC21.question? yes
227 Entering Passive Mode
150 Accepted data connection
226-File successfully transferred
226 0.000 seconds (measured here), 140.03 Kbytes per second
4 bytes received in 0.00031 seconds (13 Kbytes/s)

[nousername]

To best of my understanding you have nothing to worry about.. Worst case go ahead and use your EAD..

Originally Posted by ftp1234

I saw online that USCIS sent an RFE for my H1 transfer (not premium processing) yesterday.
Since the receipt notice had come, I planned to join new company B on Jan 4, and I quit my old company A last week.

1. Can I join my new company B, in spite of the pending RFE?
2. My 140 is approved, 485 pending since 2007, first 6 yrs of H1 expiring in Aug 2010, have EAD till 11/2010. In the worst case, if H1 transfer gets denied, can I switch to using my EAD for working for new company B(AC21)?

Thanks,
ftp

[ftp1234]

Thanks wandmaker.

If I were to switch to EAD, (since my 140 is approved & 485 pending for more than 180 days),
even if my old employer were to revoke the approved 140 (if there's such a thing), will it affect me, or AC21 protects me?

[wandmaker]

Originally Posted by ftp1234

Thanks wandmaker.

If I were to switch to EAD, (since my 140 is approved & 485 pending for more than 180 days),
even if my old employer were to revoke the approved 140 (if there's such a thing), will it affect me, or AC21 protects me?

#1 - Employer withdrawing your 140 will not affect you.
#2 - If job duties are similar, AC21 will protect you.

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