rfe for I-140 in texas

G

gumly

Registered Users (C)
I have the almost the same issue as waitingwac02111
I filed for I-140 and -485 concurrently from tx in july 2002 but got an RFE for I-140 but there after there is no response from Ins since ,
Question is
1.how long is it taking to for tx center for rfe cases.
2.can we change employers after 180 days of filing I-485 or approval date of I-140.

Thanks a lot
 
Give more details

1. When was the RFE.
2. What was the rfe for.
3. When did u reply for the rfe?
4. 140 in which category. eb1 eb2, 2 eb3 ???.
5. Did u get EAD /AP.

Based on the above info, any one predict some thing.
 
1. When was the RFE.
in december ,2002
2. What was the rfe for.
They asked for progressive experience letters from past employers whICH I provided
3. When did u reply for the rfe?
Jan 16, 2003
4. 140 in which category. eb1 eb2, 2 eb3 ???.
eb2

5. Did u get EAD /AP.

Yes I got both last week but H1b 6 year period will expire in a week

Thanks a lot
 
This is Only My View

IT is good to see you have approvals for EAP/AP. If they have some negative views about your 140 application, they woudn't have approved your EAP and AP. Hold on....u will hear the good news.

Coming to your 6 year term and H1, just extend your H1, don't use your EAD / Ap till your 140 is approved. Contact your attorney for the procedure of extending your H1.

Hope this will help.
 
I am having problems with my current employer and would like to change at th earliest , so I was hoping I get my I140 approved , is it possible to change employer after 180 days of my filing of I-485.
 
Not without 140 approval

You cannot use AC21 portability rule for a pending concurrent filing with a pending 140 application.
 
Some Views

INS still didn't give any clear guidelines regarding this yet. Many senior Attorneys are also not in a stage to confirm to this.

Look at this famous attorney's views and your attorney's view and decide.

According th Murthy.com, Portability is possible when 140 is approved and 485 is pending for 6 months in concurrent filing scenario. Other wise if it is traditional filing with 485 applied after 140 approval, it is a clear case for AC21 portability.

According to Immigration.com, In concurrent filing, 6 months are counted only after 140 is approved. other wise tradidtional cases, they agree same as Murthy.
 
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My attorney has advised against changing employer until my green card is approved but texas is taking 2 years for approval,
I want to quit my company as soon as possible.
Do you know the 180 days are counted from the day you apply for 1-485 or from the I-140 approval.

I was looking for expert advice for my kind of situation, what do you think??????
 
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