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Old 08-26-2008, 04:35 PM
desi3933 desi3933 is offline
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Join Date: Mar 2007
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Quote:
Originally Posted by jingi1234 View Post
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.

Thanks
>> Can I transfer my H1B to new employer
Yes. AC-21 can be invoked using H1 as well.

>> send the RFE via new employer ?
File new G-28 and reply RFE thru new lawyer (or yourself).

Good Luck.


_______________
Not a legal advise.
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