Can AC 21 be filed after receiving an RFE...experts please help

[HaraKad]

Hi Gurus,

One of my friend's is in a real tricky situation. He applied for GC through an other company(future employment).

His labor, 140 and 485 were filed by the future employer. Now he has got an RFE which is asking for evidence and details about the future employer (which apparently is a very small company and may not be able to furnish all the facts).

My questions:

-Can he now repsond by saying that he is abandoning the future employer and sticking to his current company by filing AC-21?

-Can one file AC-21 after getting RFE?

-What about his legal status? Does he have to switch to EAD...he is now in the current company's H1 ?


Please provide inputs.

Thanks in advance!

 

[ginnu]

Hi Gurus,

One of my friend's is in a real tricky situation. He applied for GC through an other company(future employment).

His labor, 140 and 485 were filed by the future employer. Now he has got an RFE which is asking for evidence and details about the future employer (which apparently is a very small company and may not be able to furnish all the facts).
----------------------- has to submit what is asked, if it is related to I-140 or ability to pay then company has to reply
My questions:

-Can he now repsond by saying that he is abandoning the future employer and sticking to his current company by filing AC-21?
------------------------------it all depends on what is asked in RFE, why not to post what USCIS has asked in RFE
-Can one file AC-21 after getting RFE?
---------------------------Yes, but it all depends on what is asked in RFE
-What about his legal status? Does he have to switch to EAD...he is now in the current company's H1 ?
-------------let him be on H1 status

Please provide inputs.

Thanks in advance!

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