H1 7th Year Extension - got RFE

shastri

Member
I work for Company A and they have filed for my labor more than 2 years back and it is still pending. They have applied for my 7th Year H1 extension and we received an RFE from USCIS asking me to provide evidence that my I485 is pending! Company B had filed for my I485 and i have the receipt number with me. So is it sufficient if i submit Reciept Notice of my I485 then?
Why would USCIS ask for I485 evidence since i am filing under Company A and the labor is also pending for more than 365 days under Company A?
I would think the filing under Company B is a totally different issue.
Pl post your comments.
Thanks
 
They shouldn't even ask for I-485 pending since new Yates memo from 5/12/2005 states that a labor can be used for 7th year extension even if no I-140 or I-485 have been filed subsequently yet.


raman2001 said:
I work for Company A and they have filed for my labor more than 2 years back and it is still pending. They have applied for my 7th Year H1 extension and we received an RFE from USCIS asking me to provide evidence that my I485 is pending! Company B had filed for my I485 and i have the receipt number with me. So is it sufficient if i submit Reciept Notice of my I485 then?
Why would USCIS ask for I485 evidence since i am filing under Company A and the labor is also pending for more than 365 days under Company A?
I would think the filing under Company B is a totally different issue.
Pl post your comments.
Thanks
 
raman2001 said:
I work for Company A and they have filed for my labor more than 2 years back and it is still pending. They have applied for my 7th Year H1 extension and we received an RFE from USCIS asking me to provide evidence that my I485 is pending! Company B had filed for my I485 and i have the receipt number with me. So is it sufficient if i submit Reciept Notice of my I485 then?
Why would USCIS ask for I485 evidence since i am filing under Company A and the labor is also pending for more than 365 days under Company A?
I would think the filing under Company B is a totally different issue.
Pl post your comments.
Thanks

Only reason I could think of asking 485 evidence is that as you know one can not persue the two GC's and can only work for one employer.Since your adjustment of status is already filed they might be wondering why he/she again pursuing the other GC when he already filed the adjustment of status.I think if you could have filed your extn showing the evidence of 485 pending then you should not have got this query.I think the only solution is to provide the evidence of 485.To me receipt number is fine.This is just my thoughts and hope this helps.
 
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