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Old 08-26-2008, 03:32 PM
jingi1234 jingi1234 is offline
Priority Date
I140 Mailed Date
Processing Stage
I485 Mailed Date
Join Date: Aug 2007
Posts: 47
jingi1234 is infamous around these parts jingi1234 is infamous around these parts
Default AC21 - Need help urgent

Hello Friends,

MY PD is Mar ,2005 and 140 is approved [6.5 months ago]. I-485 is pending for more than 180 days. I have receipt numbers for I-140 and I-485 [No paper works]. Employer didn't file EAD or AP [he thought I might escape]. I am with the employer for 4.5 years and ONE PROJECT. First H1B was from Oct 2004 to Oct 2007 and Second H1B is approved from Oct 2007 to Oct 2010.

I got an RFE for I485 on Aug 12 and my employer [lawyer] says that they didn't receive this as of today. I strongly think that employer is playing some kind of game here. Lucky that I got a copy of the RFE. Also it stated very clearly that RFE must be responded in 30days or application may be rejected.

When I sent this letter to employer [lawyer]…they still doesn't want to respond unless then receive something from USCIS [very strange…]

My question:

I want to invoke AC21 with new employer. I don't have EAD. Can I transfer my H1B to new employer + send the RFE via new employer ?

Please let me know your thoughts / Suggestions.

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