complicated rfe for i485; pl help

S

Srikant Reddy

New Member
Hello,

I have just received an RFE for my I485 asking about employment history with start and end dates. My case is a little complicated

I had applied for I485 thru company A after I140 was approved. Company A took advantage of my situation and stopped paying me right after I140 application. Applied for I485 in Dec'02. In Mar 03, after not receiving a paycheck for many months, I took up employment with company B (after receiving EAD). Company A refused to give me a letter saying I was being laid off. Did not inform INS about job change because it was less than 180 days from 485 application. There was no change in address.

In Jun 03 was laid off from company B and joined company C. Informed INS about job and address change. Dont know if INS received this because I received letter from INS at previous address. Quit in Jul 04

In Aug 04 joined company D. Have just informed attorney about this but received RFE before informing INS about the change in job.

All through my job description remains same.

My question is
1. Since I moved employers before 180 days, will my GC be approved?
2. If not, what are my opeions?
3. Should I start a new H1 thru current employer just to be safe? I have not used H1 since Mar 03.
4. How should I reply to this RFE?
5. Should I even mention being with company B?

Will appreciate any help in this matter.

Srikant
 
Hi Srikant Reddy,

I have similar type of case. I have applied for I-140 and I-485 with company A in Nov 2003. After 3 months since applied for these I-140 and I-485, I moved to company B on March 2004, my address also got changed from NJ to NC. On April 2004, my EAD got approved. In June 2004, I got approved I-140. The company A hasn't cancelled any I-140 or I-485 processes.

I have also got approved LC from company B recently.

Now my wife got a PF notice at previous address based on previous GC process. Few days back I sent AR-11 form to Homeland Security, I don't whether it will be updated in INS records. Now I do not know what to do.

Now my questions are below:

1. First of all, should I depend on the previous GC process OR should I continue to apply for new I-140 and I-485 processes thru company B?
2. If I want to continue thru company B, do I need to cancel the both of previous I-140 and I-485 processes or only one of them is required?
3. If I need to cancel the previous processes, who has to send the cancellation requests to INS. Either company A or company B or any lawyer working for company A or company B OR me?
4. If not to continue to apply again for I-140 and I-485 thru company B, and if I want to depend upon the previous processes, do I need to negotiate with company B because period of 180 days was not completed after filing for I-140 and I-485 thru company A? If I don't contact with company A, I am thinking that I may in trouble if I get query at last minute. So, Is it better to negotiate with company A or not?
5. If I want to send my wife for FP, first of all is it good to send her to NJ office OR good to contact INS and request to get the new FP notice to get at new address so that she can attend at NC office.
6. I haven't get the FP notice yet, howmany days more it may take to get FP for me.

Could you please share with your experience with me, so that I will be greatful to you.

Thanks
RVS2004.
 
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