REF on I 485, could it be because of a OUT OF STATUS !!!!

L

lali76

Registered Users (C)
I used a pre approved labor which was offered to me by my current company. My I 140, EAD and AP have been approved. I have however received an RFE on both mine as well as my wifes I 485.

The reason i am slightly worried is that, I was laid off form my first company on 4/19/2001 but found a job soon after round 5/2/2001 and started working with them as soon as my H1B was approved which was around 6/19/2001. Does this amount to being "OUT OF STATUS" for those 2 months ???


please reply !!!!!!
 
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lali76 said:
I used a pre approved labor which was offered to me by my current company. My I 140, EAD and AP have been approved. I have however received an RFE on both mine as well as my wifes I 485.

The reason i am slightly worried is that, I was laid off form my first company on 4/19/2001 but found a job soon after round 5/2/2001 and started working with them as soon as my H1B was approved which was around 6/19/2001. Does this amount to being "OUT OF STATUS" for those 2 months ???
----------- I dont think that could be the reason because you or your spouse may have reentred US again after the new H1B or before filing I-485. it can be for any missing documents. if the LC that you used and the I-140 for that candidate was also filed and approved and that person filed I-485 and used AC21 and got GC approved then you will not get anything but in that situation USCIS denies the I-485 and dont send RFE. post the RFE details once youor lawyer gets it

please reply !!!!!! :confused:
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answers.

Yes we have reentered the US multiple times after that and also the original labor (which i used as a substitute) was never used by the original employee.
 
Ginnu:

Hi Ginnu,

I would like to know Why is it OK when stayed out of status fo 2 months and re-entered US on new H1-B after that stay? Is there any amnesty rule or something..Please respond...
 
Contents of RFE

just heard from my lawyer, the Doctor it seems forgot to put in the supplemental form which states the vaccinations which were administered. :)

Thanks for all you helpful responses.
 
Unitednations, you are much helping here with more analyzation... I received lot of suggestions from you a while back.

here I have one question...

INA 245k allows employment based adjustment applicants to be out of status or worked without authorization for less then six months since their last entry prior to filing 485.
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So is it applies for prior to last entry (i.e the previous entry of I-485 RD) since they particular about last entry ?

I understood from your mail that USCIS count 6 months anytime (any entry), Is it right ?

In 2003, I got new H1B withOUT I-94 (my prior I-94 expired sameday), but I filed MTR, it is still pending with USCIS.
Then after I went to home country, got new Visa and applied I-485.

Will it causes any problem for my GC processing.

Thanks again.
 
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