When does company have to respond to RFE?

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raju125

Registered Users (C)
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Greetings! I am on EB2, India with a PD of Feb 2002 and a 485 RD of Nov 2006. In all likelihood, I should be getting some response based on the new name check memo and with the priority dates at Dec 2003 for EB2. Here's my situation:

My last day with my current company is 4/4 and I am in final stages of interviews with few other companies. If I can get a job and move before 4/4, then I can invoke the AC21 portability rule. In case, I don't and say between 4/4 and the date I get the new job, my current company gets an RFE, how do they react? How long do they have to respond?

I appreciate your response. Thanks and have a great day
raju125
 
raju125 said:
If I can get a job and move before 4/4, then I can invoke the AC21 portability rule. In case, I don't and say between 4/4 and the date I get the new job, my current company gets an RFE, how do they react? How long do they have to respond?
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If your I-140 is approved, why would your current employer get an RFE?
 
That's the question

I don't know. With this system, anything is possible...isn't it? :) I didn't know if there was a chance to get RFE or not. But, if I do, then how long does the company have.
 
Or does the RFE only relate to me and not the company? Is there a chance they can send an RFE for the case, asking me for some documentation or can they send an RFE to the company asking if this guy is still employed or not?
 
raju125 said:
I don't know. With this system, anything is possible...isn't it? :) I didn't know if there was a chance to get RFE or not. But, if I do, then how long does the company have.
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Twelve weeks for a response to an RFE. One month for NOID.
 
Thank you so much Tammy2.

One additional question - if an RFE or NOID is issued and within that response period, the applicant gets a new job, can the new employer just provide the letter of employment along with the supporting documentation (for the RFE or NOID)? Is it also dependent on whether the applicant has proactively informed USCIS about the change in employers?


tammy2 said:
Twelve weeks for a response to an RFE. One month for NOID.
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raju125 said:
if an RFE or NOID is issued and within that response period, the applicant gets a new job, can the new employer just provide the letter of employment along with the supporting documentation (for the RFE or NOID)?
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The new employer does nothing (beyond providing evidence of employment). The alien applicant responds to the RFE.

Is it also dependent on whether the applicant has proactively informed USCIS about the change in employers?
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Won't make a difference.
 
TheRealCanadian said:
If your I-140 is approved, why would your current employer get an RFE?
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This is an interesting question.
Let me relate a fresh experience of mine.
My 140 was approved in 2007 and 485 filed in July 2007.

On March 19 2008. I received an RFE email.

Today April 1st 2008, we found out it was an RFE for my existing employer, they have to produce a letter stating I am still under their employment and they will continue to employ me. The RFE must be replied within 30 days, by April 19 2008.

So, in a similar situation as this question. What if I have left this present employer (based on the fact I have an EAD and 180 days have passed since 485) ?

Would I have missed the boat ?
If I am not with this employer, they would have just ignored the RFE.

Anyhow, for AC-21 filers, would it be too much for me to say that they should be very careful when using AC-21 and switching jobs with EAD ?
 
mikenewman said:
This is an interesting question.
Anyhow, for AC-21 filers, would it be too much for me to say that they should be very careful when using AC-21 and switching jobs with EAD ?
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Why? The lawyer is representing you (joint in some cases) can provide the documents needed for your 485 RFE. It need not be from old employer after 180 days and can be from the current one if you are a AC21 user.

Always change your lawyer if using AC21 especially if it was previously a joint representation lawyer.
 
txh1b said:
Why? The lawyer is representing you (joint in some cases) can provide the documents needed for your 485 RFE. It need not be from old employer after 180 days and can be from the current one if you are a AC21 user.

Always change your lawyer if using AC21 especially if it was previously a joint representation lawyer.
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Yes you are right on.
The lawyer is representing me AND the company at the same time.
Which explains the situation I am in.
Thanks.
 
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