Leaving company after 180 days to negate RFE..

N

Neo

Registered Users (C)
Is it a good idea to leave the company after 180 days to negate an RFE in a successor-in-interest (company merger, acquisition) case?

I got an RFE for an amended I-140 and my 485 will be 180 days old middle of May. I\'m thinking of leaving the company.

Is it a good idea?
 
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Neo,

I am neither a lawyer nor aspiring to become one. The followings are just my opinions (since you asked for advice). I would certainly love to see more comments on this issue :-)

1. It seems to me that you should reply to the RFE if at all possible to prove your good intent.
2. As I understand AC-21/S.2045 (or whatever law number this is), the 180 days rule removes the dependency on the I140 application (labor certification). If the RFE is not for a labor related issue then you have to reply to it anyway in order to get your GC.

By far the safest approach would be to reply to the RFE, stick with current company as long as possible and rely on AC-21 only in case of an emergency.

Of course your personal circumstances (or personality) may dictate a different approach.

Good luck!
 
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I agree. At least go to the HR and get the RFE done before you leave. This is the safest and least unpredictable one. Once RFE is sent, it usually only takes a months to get 485 approval. Why risk it?
 
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my RFE is I-140 (Labor Cert) related. my old company was merged with another company.

I think I\'ll stay with the company following both of your advice.

Btw, Thanks Proactive, JBS!
 
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The merger took place BEFORE my I-485 application was submitted. Is there any significance if it\'s BEFORE or AFTER my I-485 application?
 
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