Pls help! Leave of absence or AC21

J

jsh684

New Member
Hi, Gurus,
I have a complicated situation, any advise would be very appricated! My I-140 was filed March last year by University A through EB1b, and I filed I-485 one month later by myself. In Feburary this year, my I-140 was still not approved, but I got a job offer (similar type and salary) from University B. The advisors from University A were very kind and kept me the position with the leave of absence status. But I changed my H1B from University A to University B. Now my I-140 was finally approved, and since my I-485 was filed >180 days, I should be able to officially change job from University A to University B.

But last week, I got the RFE of my I-485, asking for a list of emplyment and evidence of it. My question is, what should I do: should I keep the Leave of Absence status in University A ( I can have it for a year, so I can use the status till Feb next year), and pretend that University A is still my permanent emplyer? But if so, how do I explain my H1B, and paystubs are now from University B? Can I say they are just temporary? (even though it's not my intent).

Or should I just file AC21 before replying for the RFE? and officially change my job to University B, and reply RFE saying so? Is it safe to do so?

Either way, I'm wondering if it's a problem for I-485 application to hold a position (even with Leave of Absence) in one place and have a position and get paid in another place at the same time. How should I address this situation?

Thank you very much for any advise you can provide.
 
jsh684 said:
Hi, Gurus,
I have a complicated situation, any advise would be very appricated! My I-140 was filed March last year by University A through EB1b, and I filed I-485 one month later by myself. In Feburary this year, my I-140 was still not approved, but I got a job offer (similar type and salary) from University B. The advisors from University A were very kind and kept me the position with the leave of absence status. But I changed my H1B from University A to University B. Now my I-140 was finally approved, and since my I-485 was filed >180 days, I should be able to officially change job from University A to University B.

But last week, I got the RFE of my I-485, asking for a list of emplyment and evidence of it. My question is, what should I do: should I keep the Leave of Absence status in University A ( I can have it for a year, so I can use the status till Feb next year), and pretend that University A is still my permanent emplyer? But if so, how do I explain my H1B, and paystubs are now from University B? Can I say they are just temporary? (even though it's not my intent).

Or should I just file AC21 before replying for the RFE? and officially change my job to University B, and reply RFE saying so? Is it safe to do so?

Either way, I'm wondering if it's a problem for I-485 application to hold a position (even with Leave of Absence) in one place and have a position and get paid in another place at the same time. How should I address this situation?

Thank you very much for any advise you can provide.
Click to expand...

If you changed the job after 6 months of 485 pending you are covered under AC21, irrespective of when your 140 was approved. Don't pretent as you are in LOA with A. This will complicate the situation. Just be true. If you have a vaild work authorization for employer B (H1B or EAD), you are fine. You already enjoyed the AC21. so there is no need to send seperate AC21 letter. Just reply to RFE as it is with evidence.
 
Thank you very much for your help! I guess I'm still confused of one thing: Does it already considered a job change when I moved from University A to University B this February? I had thought since I had LOA status in University A, I'm not officially changing jobs unless I terminate the LOA status, since by having LOA, I still have the position in University A. Which is the correct way to understand it? Thanks a lot!
 
jsh684 said:
Thank you very much for your help! I guess I'm still confused of one thing: Does it already considered a job change when I moved from University A to University B this February?
-----------------Yes, you changed the employer with H1 transfer
I had thought since I had LOA status in University A, I'm not officially changing jobs unless I terminate the LOA status, since by having LOA, I still have the position in University A. Which is the correct way to understand it? Thanks a lot!

**LOA is not status
Click to expand...

At present you are with B and working with B on H1 status. Just invoke AC21 and send the job offer letter from B. Don’t lie, don’t hide anything and don’t pretend.
Send list of emplyment and evidence to USCIS asked in RFE.
 
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