Please help us on this RFE.

C

chairyuan

Registered Users (C)
Got the RFE copy by lawyer. For me and my wife.
1. legal status from entry to I485-- no problem
2. work authorization for any periods of employment -- has question

Lawyer ask me to give him timeline for all periods of employment. He is very negative to my case.

The problem is I was laid off <180 days (2 month after filing I485), and find similar job in one month, then laid off again (>180 days), find another similar job in one month. Keep that job with 3rd EAD now.

Never send AC21 letter to USCIS.

Is copy of H1 and EAD enough to show the work authorization? (no gap) Do I need show them the timeline of every employment? How about AC21, EVL, W2? They didn't ask for those. Please share your idea.

TSC
ND 4/16/02
FP 4/5/03
RFE 6/1/04
???
 
Being out of job during 485 pending is no problem- you are in status. It seems you have always worked with either H1 or EAD and have not worked without valid work authorization- so you should be fine.
Being laid off before 180 days of 485 is almost unimportant now- even though it is sort of against the AC21 rules. Since they have asked you only for your employment authorization status (and not if you were actually working or not)- just state your H1 dates and EAD dates. This will suppress the fact that you were laid off.
Good Luck.
 
Hi sb_tiger, why do you say the following:

Being laid off before 180 days of 485 is almost unimportant now- even though it is sort of against the AC21 rules.

We have the same case, i.e., lay off < 180 days. In response to one of my earlier postings you had mentioned that it doesn't matter when you're laid off as long as the application remains unadjudicated for 180 days and you have a new job in 'same or similar' category. Now you seem to be changing your tune.
 
sb_tiger:

My first company revoked the H1 after my laid off. At at time, I already had the EAD on hand. So yes, I do have all valid work authorization.

My lawyer is thinking to add the AC21 letter and current EVL on my return package. Is it better to ask him take those off?
 
I don't think I am saying anything different at all. The AC21 rule clearly sates that 140 must be approved- nobody should have any confusion about that. But like I am stating now (same as earlier) - it is irrelevant in a practical sense. If the employer has not revoked 140 and BCIS does not ask any question on this- then you are fine. Employers typically do not revoke 140, BCIS also does not ask any questions. Bottom line is- the system as implemented lets you get away. Even though the possiblity of probelms is very low, however you can not be 100% sure.

Sending EVL, W-2s etc is a good idea.
 
Last edited by a moderator:
mavishka said:
Hi sb_tiger, why do you say the following:

Being laid off before 180 days of 485 is almost unimportant now- even though it is sort of against the AC21 rules.

We have the same case, i.e., lay off < 180 days. In response to one of my earlier postings you had mentioned that it doesn't matter when you're laid off as long as the application remains unadjudicated for 180 days and you have a new job in 'same or similar' category. Now you seem to be changing your tune.
Click to expand...


Mavishka....I guess sb_tiger was saying the same thing at both times.
 
You must log in or register to reply here.
Top