I-140 RFE question

origin72

Registered Users (C)
Hi,

My wife (primary applicant) got an RFE on I-140 (company ability to pay) and we replied and submitted necessary docs. USCIS received our reply on September 17th, 2004.

We have approved EAD and AP.

Questions:

1. What is their turnardound time (approx) to make a decision? Will it be posted on the online case status page?

2. I (dependent) got a job offer which will require me to use my EAD (I am currently on H-1). Is this a bad idea before I-140 is approved?

3. What happens if I take up the new job on my EAD and I-140 gets denied?

Please advice!!
 
origin72 said:
Hi,

My wife (primary applicant) got an RFE on I-140 (company ability to pay) and we replied and submitted necessary docs. USCIS received our reply on September 17th, 2004.

We have approved EAD and AP.

Questions:

1. What is their turnardound time (approx) to make a decision?
U newer know..may be days/weeks..

Will it be posted on the online case status page?
Yes

2. I (dependent) got a job offer which will require me to use my EAD (I am currently on H-1). Is this a bad idea before I-140 is approved?

u can use EAD but make sure u keep u r H1B valid because if something happens to I-140..u will still maintain Status(H1B)..so keep a valid H1B as backup.

3. What happens if I take up the new job on my EAD and I-140 gets denied?

U can get back to H1B(if still valid)

Good Luck
Please advice!!
 
Thanks Hawa Hawa!

My current H-1 is valid till 2006. However, if I quit my current employer, he will most likely cancel the H-1B. What options do I have then if I am on my EAD and we get our I-140 denied.

1. Can I apply for an H-1 transfer? Is this subject to cap since I was on EAD before this?

2. Do I have to change my status to H-4 (Since I am the dependent)

Any input will help!!! Thanks
!
 
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