Possible RFE in 485... need your opinion.

W

wendymacky

Registered Users (C)
Dear "All Gurus",
My GC application is procesing from VSC , EB2 category. My 6 months of 485 was over before I got laid off from my previous company but my 1-140 was approved after I got laid off . My previous company didnot withdraw my GC application till now . I moved from Maryland to Chicago in Febraury and working in a new company on H1 again and I did not use my EAD. I did my FP on 4rth Aprl 2005 and saw the status of my case online like this " On April 16, 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made."
Yesterday I checked my personal case status search portfolio and saw they have touched my file again on 20th April 2005.
Now my question is that since I moved from East to Midwest which is a big change can RFE come to me or to my lawyer in 485 because of change of address ? Or is it possible they call me for the interview??? Can they can invalid my entire GC application although my previous company has not withdrawn it ? I am so confused now . Please help me with your valuable opinion. I will appreciate your cooperation.
Thanks a lot .
Wendy
 
File AC21 asap

Wendy,

I am not a guru, but that's what I know:
You need to file AC21 as soon as possible,
but take a good lawyer to check out if
you can (because you got laid off
before I-140 approval and you did not file AC21
to inform BCIS about employer change).

AC21 is a document people can file after their I-140/1-485
has been pending for some time, and they want to
change employer (similar occupation as written in
the labor certification, though).

You need to do it as soon as possible, before receiving
an RFE.

If BCIS sends an RFE to you and ask for employment
verification documents such as employer letter, pay stubs,
and tax documents, they will find out that you did not
file AC21 and that you are not working anymore for your
original sponsor, and they will deny your application.
I saw cases like that in other threats/immigration web sites.

Do not forget: I-485 is for a "future" job,
and must work for that specific employer AFTER your
I-485 has been approved.

Those days, they often send an RFE for this to EB cases.

Therefore, you need to act fast, and get help/advice
from a lawyer.

Good luck !
 
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