My situation - need help

A

atyagi73

Registered Users (C)
Hi Friends,

Here is my situation:

- PD: 12/12/2001
- I-140 Approved : Feb-2007
- I485 filed : 8/13/2007
- Changed employer : Oct-2007
- AC21 filed: Feb-02(I-140 is still valid as original employer was ok with change)
- RFE : 04/09 as medical reports were not signed

- Currently working on H1(valid till 10/17)
- Wife has H(valid till 10/17) but working on EAD
- Spouse EAD expires on 9/17
- My H1 and spouse H4 extension has been filed
- Spouse New EAD approved : 8/13/10

- Got an email today that they issued another RFE on my I-485. Not sure what the hell is wrong and why they did not ask for it when they sent last RFE. I am feeling very anxious.

I am getting ready for the worst case and have some questions.

1. How much time before I get RFE details ?
2. How much time I would have to response to RFE ?
3. In case my I-485 gets denied:
A. Would my H1 and my wife's H4 will be denied ? Can I change processing to premium ?​
B. What are the options after I-485 is denied ?​

Only gap I see is that I changed employer within 3 months after filing I-485 although AC21 was filed after 6 months. Alaos my designation changed when I switched my employer. These are my concerns.

Any help/insight will eb welcome. Thanks in advance !!
 
Last edited by a moderator:
Yes. If you have never used your EAD before, then you're not dependent on your I-485, and your H-1B will be approved regardless the status of your 485.
 
It is generally OK to change jobs before the 180 days of pending I-485, if the employer lets the 180 days pass without revoking the I-140.
 
When did you file H1 renewal?
Maybe they saw the pending H1B application for an employer different than the 140/485 application and would like to obtain a current employment letter from you.
Anyways, good luck to you and keep us posted.
 
My wife is working on EAD since Jan-10 but she entered in country July-09 using H4. Would her H-4 be invalid now ? And if my I-485 is denied would she be out-of-status ?
 
if 485 is denied, then all corresponding benefits are null too (EAD, AP).

I suspect the H1B extension from Employer B in Jun 10 probably triggered the RFE as they were looking at your file and realized the H1b extension appln came in from Employer B whereas the 140 is from Employer A. They might just need a current employer verification. This is just a guess.
I can understand the anxiousness. Hold tight and wait for the letter. OR call USCIS customer service 800# to see if they will provide more information.
 
justdoit said:
if 485 is denied, then all corresponding benefits are null too (EAD, AP).

I suspect the H1B extension from Employer B in Jun 10 probably triggered the RFE as they were looking at your file and realized the H1b extension appln came in from Employer B whereas the 140 is from Employer A. They might just need a current employer verification. This is just a guess.
I can understand the anxiousness. Hold tight and wait for the letter. OR call USCIS customer service 800# to see if they will provide more information.
Click to expand...

Thanks for the input.
 
atyagi73 said:
My wife is working on EAD since Jan-10 but she entered in country July-09 using H4. Would her H-4 be invalid now ? And if my I-485 is denied would she be out-of-status ?
Click to expand...

Yes, her H4 is invalid due to working with the EAD, although USCIS might not have cancelled the H4 in their system (yet) because they probably don't know about her employment.

Denial of your I-485 would make her out of status because she can no longer stay in the US based on her H4. But you would maintain H1B status, assuming you keep working for the same employer in the same job.
 
Jackolantern said:
Yes, her H4 is invalid due to working with the EAD, although USCIS might not have cancelled the H4 in their system (yet) because they probably don't know about her employment.

Denial of your I-485 would make her out of status because she can no longer stay in the US based on her H4. But you would maintain H1B status, assuming you keep working for the same employer in the same job.
Click to expand...

IS there anyway to get her back on H4 ? My lawyer has filed her H4 extensio. Why would they do it if her H4 is not valid.
 
atyagi73 said:
IS there anyway to get her back on H4 ? My lawyer has filed her H4 extensio. Why would they do it if her H4 is not valid.
Click to expand...

Because they probably don't know that she has worked with the EAD. Employers don't routinely report EAD usage to USCIS.

She could get back on H4 by using the new approved H4 petition to get a new H4 visa stamp in her passport at a consulate and then reenter with the US with it. However, she would again invalidate the H4 if she goes back to work.
 
Jackolantern said:
Because they probably don't know that she has worked with the EAD. Employers don't routinely report EAD usage to USCIS.

She could get back on H4 by using the new approved H4 petition to get a new H4 visa stamp in her passport at a consulate and then reenter with the US with it. However, she would again invalidate the H4 if she goes back to work.
Click to expand...

My lawyer insists that her H4 is still valid. Is there any URL which clarifies rule around it. - Thanks
 
You'd better find a more capable lawyer if your current one actually told you her H4 is still valid. You're wasting your money with such a lawyer and will cost you dearly if more complicated situation comes up in the future.
 
atyagi73 said:
My lawyer insists that her H4 is still valid.
Click to expand...

Depends on what the lawyer means by "valid". If they mean it's still valid in USCIS system, they're probably right. But USCIS would cancel it if they knew the facts. Just like somebody could enter the US and work with a tourist visa for a few months, and the visa would remain "valid" in USCIS system if USCIS doesn't know about the illegal work, although it would be technically invalid based on the facts.
 
Got the RFE details today from my lawyer. They need a pile of paper again. They are asking for my previous H1, I-94, copy of passport pages etc. I dont have copies of old I-94 as I surrender those when I travel out of country. Would that be an issue ?
 
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