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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 08-04-2007, 04:23 PM
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Default IV spotlight topic: Research on RFE on I485 before a decision is made

"Often INS sends a Request for Evidence (RFE) as a routine part of the case, prior to final decision. The RFE may ask for updated employment information, including an employer letter and possibly pay stubs"

I am starting this thread to conduct research in this area. We need to find:

- Is it common to get RFE before a decision is made on the I485 application? If someone got a greencard recently, please elaborate if you got an RFE or an interview request and on what grounds?

- If you do not change jobs, do you still get RFE?

- Are RFE's sent only if 180 days have expired. If the decision is made before 180 days, do people still get RFEs?

- Should a person be employed full time or part time is ok to satisfy 180 days employment criteria at the time of an RFE? This information will be on pay stubs.

- What are the other RFEs received by people.

Having this information available will help everyone take informed decisions in order to maintain their status and ensure that their I485 is not denied.
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  #2 (permalink)  
Old 08-04-2007, 04:33 PM
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voldemar will become famous soon enough voldemar will become famous soon enough
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My RFE was about medical(TB skin test was not done). I didn't change employer.
I-485 RD 06/2004
RFE 06/2007
AD 07/17/2007
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  #3 (permalink)  
Old 08-04-2007, 06:21 PM
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Quote:
Originally Posted by voldemar
My RFE was about medical(TB skin test was not done). I didn't change employer.
I-485 RD 06/2004
RFE 06/2007
AD 07/17/2007
I got an RFE each for I-140 (Original labor copy - which was sent but misplaced by USCIS) and EAD - (Photo specification changed by the time they sent [Facing sideways to facing front]). I did not got any RFE for my I-485 as the documentation done by my attorney seems to be good.

Thanks
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  #4 (permalink)  
Old 08-04-2007, 07:02 PM
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priti8888 will become famous soon enough priti8888 will become famous soon enough
Default Rfe

I think RFE for 485 is issued when they are "processing" your case. When all I140 review,RFE , name checks , security checks is cleared the case is then pre-adjudicated(staging area) and is just waiting for a visa number to become available. If the case is sitting in the staging area for a long time (> 3 years)an RFE might be issued again because things might have changed at the applicants end. If not, they approve it.

I dint get any RFE. My friend got RFE for birth certificate. His birth certificate stated his parents name as " Nalini ben" and Mehul bhai. They said the last name "ben" and "bhai" is not consistent with what my friend reported on his application forms !

Last edited by priti8888; 08-04-2007 at 07:10 PM.
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  #5 (permalink)  
Old 08-04-2007, 07:24 PM
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jo3350 is on a distinguished road
Default RFE is not certain if you change employers

I know there are people who changed employers after 180 day period andwhere not issued RFE's.
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  #6 (permalink)  
Old 08-04-2007, 07:36 PM
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I personally know of a person who changed jobs after 180 days (actually after about 1.5 years) and got his GC without any RFE's. I'm not sure if this matters, but he joined a fortune 500 company after ditching a desi sweatshop.
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Old 08-04-2007, 07:59 PM
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Quote:
Originally Posted by jo3350
I know there are people who changed employers after 180 day period andwhere not issued RFE's.
Even though his physical address changed and he filled out the AR11 form?
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  #8 (permalink)  
Old 08-04-2007, 08:46 PM
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I am researching this topic and will post more as I find answers
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  #9 (permalink)  
Old 08-04-2007, 08:48 PM
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Default

Quote:
Originally Posted by priti8888
I think RFE for 485 is issued when they are "processing" your case. When all I140 review,RFE , name checks , security checks is cleared the case is then pre-adjudicated(staging area) and is just waiting for a visa number to become available. If the case is sitting in the staging area for a long time (> 3 years)an RFE might be issued again because things might have changed at the applicants end. If not, they approve it.

I dint get any RFE. My friend got RFE for birth certificate. His birth certificate stated his parents name as " Nalini ben" and Mehul bhai. They said the last name "ben" and "bhai" is not consistent with what my friend reported on his application forms !
This is a general phenomenon for people from Gujarat state of India. Do you know what your friend did?
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  #10 (permalink)  
Old 08-04-2007, 09:01 PM
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I have heard of a case where the 485 was filled with birth certificate from the embassy. They were expecting to get RFE but in June it was approved without any request for RFE.
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  #11 (permalink)  
Old 08-06-2007, 11:12 AM
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atmaramji is on a distinguished road
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I changed employers eight weeks ago using AC 21.
Updated my address with USCIS.
Received an RFE for EVL.
They received the RFE today.
Lets see where it goes from here.
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  #12 (permalink)  
Old 08-06-2007, 11:23 AM
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Quote:
Originally Posted by atmaramji
I changed employers eight weeks ago using AC 21.
Updated my address with USCIS.
Received an RFE for EVL.
They received the RFE today.
Lets see where it goes from here.
What is EVL please?
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  #13 (permalink)  
Old 08-06-2007, 11:23 AM
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atmaramji is on a distinguished road
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Employment Verification Letter
__________________
EB3 140/485@VSC PD:10/03
I-140/485/EAD/AP RD:12/20/04 ND:1/10/05
I-140 AD: 1/31/2005 LUD 2/01/05
FP letter: 3/30/2005 FP Done:5/13/05 LUD1:5/16/2005 LUD2:5/20/05 (Mesg chgd) LUD3:10/28/2006 (FP review completed)
EAD-1/AP-1 LUDs 01/13/05, 01/18/05, 1/19/05, 2/23/2005, 2/24/05 (EAD Approved )
EAD-2 RD 1/06/06 ND 1/10/06 AD 3/28/06
EAD-3 RD 11/29/06 ND 11/30/06 AD 12/07/2006
RFE -7/13/2007 LUDs: 8/09/07 (Recd), 8/10/07,8/12/07,8/13/07,9/11/07(Welcome email recd)
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  #14 (permalink)  
Old 08-06-2007, 11:23 AM
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speedo is on a distinguished road
Default Change of employer

I had a friend who changed employer after filing I140/I485 concurrently and I 140 was appoved. He also filed changed of address and then filed a new H1B for the new company and he still got his green card. I know that he waited for his 6 months and filed AC21.
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  #15 (permalink)  
Old 08-07-2007, 03:38 PM
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fcres can only hope to improve
Default

Quote:
Originally Posted by atmaramji View Post
I changed employers eight weeks ago using AC 21.
Updated my address with USCIS.
Received an RFE for EVL.
They received the RFE today.
Lets see where it goes from here.
Is your PD current, i guess not since its 'U' for everybody. When did you file 485?

So does that mean they issue RFE even if the PD is not current/Unavailable?

Ok just saw the details about your filing. They sent the RFE in July, when it was current for you. Again my qn stays, does anybody know if they sent RFE when your PD is not current?

Last edited by fcres; 08-07-2007 at 03:41 PM.
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