H1-B Renewal - RFE (Complicated Need a Help)

[niceone]

Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.

b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it

c)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).

d) Employer A revoked 140 which triggered 485 denial in October 2008.

e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

f)Applied AP & EAD renewal ,got a EAD card September 2010

g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?

Question

I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)

1)I have EAD approved and it’s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?

2)Can I have any chance of explain USCIS, by this rule below?

“”USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 § 106(c) portabilty:

"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) “”

Thanks
KPR

 

[ginnu]

Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.

b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it


c)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).

d) Employer A revoked 140 which triggered 485 denial in October 2008.

e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

f)Applied AP & EAD renewal ,got a EAD card September 2010

g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?

Question

I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
--may be but you were eligible for AC21(your I-485 was pending more than 180 days and your I-140 was approved). It seems you did not file AC21 with job offer letter of new employer.
1)I have EAD approved and it’s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
---------------- Why not to reply RFE??
2)Can I have any chance of explain USCIS, by this rule below?
---------------Your Employer or you can Explain to lawyer and let let the lawyer who filed your H1 explain to USCIS.

---Below info is from USCIS AC21 MEMO, you can search for AC21 Memo and attach the copy.
“”USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 § 106(c) portabilty:

"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) “”

Thanks
KPR

Update us about your case.

 

[niceone]

Thanks Ginnu for the Reply.If I don't reply to RFE H1B renwal get denied which will give some head ache in the future.(At least until GC approve)That why I have asked about withdraw.

Will update ...

 

[ginnu]

Thanks Ginnu for the Reply.If I don't reply to RFE H1B renwal get denied which will give some head ache in the future.(At least until GC approve)That why I have asked about withdraw.

Will update ...

You should talk to your company lawyer. If I am in your situation I will send reply to RFE so that USCIS officer understand the situation. The lawyer who filed MTR in your case will be best to reply as he knows the case details.