Can we withdraw H1b after RFE abt company financials

Z

zCool

Registered Users (C)
I have urgent case,
Got a BIG RFE for 7th yr extension from CSC PP. They are asking for all sort of questions and evidence like W2s for ALL the employees for past 3 yrs, W3s, Tax documents, Company profile etc etc. not sure if my small company even gave all the right info on the forms.
I have applied for 485 (I140 approved), and have EAD/AP from same employer last yr.
I got this RFE and employer may not give the documents,
My question is can we withdraw H1 and then work on EAD?
Will that adversely affect my case for AOS?

I can even change employer if needed, but I need to know if it's okay to cancel or withdraw this application of H1B since employer may not giving all the docs.
 
Using EAD is at your discretion ... I think, you have less to worry since the I-140 is approved. Since you already filed the H-1B why not ask your employer to respond to the RFE? They were able to get you the I-140 anyway ...
 
Why withdraw it? A denial has no consequences for you, you just switch to EAD/adjustee. Try to respond to the RFE the best you can.
 
Thank you both, that is indeed a VERY good thing to hear, esp after last 2 sleepless nights worrying abt what if scenarios!

My worry is/was if they deny H1b at that point, most likely it's due to what they perceive as "invalid status" or employer's ability to pay, so by same logic they may reopen I140 send RFE for the same docs and at the time same employer will definitely not provide anything new and then I140 and hence 485 gets denied..

Basically my employer has lot interest in the company it seems, he's taking very hands-off approach, to begin with there wasn't a lot of h1b employee base. It was a company that was founded back in 1998 to work on advanced projects etc. to keep profits on and get cash-flow going they also did staffing, now with increased competition the key people have moved on, staffing part has increased and profits have fallen a bit (to 4-5 HundredK from 1M+ few yrs back) So they are very skeptical abt the whole H1b or supporting docs etc. I probably shouldn't have even applied for extension but now that we got RFE for last 3 yrs wage reprots etc., they just aren't sure why they should respond, too much headache from their point,
From my point, getting new job is no biggie, moving around is no issue.. even continuing here is okay , my plan was to get him some of the money we spent last yr on a product re-couped by working as a contractor thro' him for another few months and then see if I am happy here or change .. as they say no good deed goes unpunished .. so with this RFE now.. who knows whats goning to happen!
 
approved

Status got updated today 4/1 to approved notice sent
It was full 10 days after we replied RFE
 
have H1B approval letter but my employment has been terminated(Urgent)

Hi all,
I have my H1B approval letter but my employment has been terminated. I do not have my H1B stamped in my passport as I needed to wait till October to get this done.
I am currently working with TN visa for a new employer and was wondering if I can transfer my H1B now. Is it too late? What is the process?
Thanks
 
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