RFE on a paper based case

M

mygcsearch

Registered Users (C)
Hello,

I have my I-140 approved and I-485 pending for more than 1 year now. I am on H1-B, but recently I applied for EAD/AP since I was looking for a new job. I got a new job and am transfering jobs using a H1-transfer (approved). I got my AP approved a week back. Yesterday I received an RFE on my EAD requesting photocopies of both 485 receipt notice and I-94. Needless to mention, I had sumbitted both these documents with my EAD application.

Here is the text of the message:

" Submit evidence that you have filed form I-485, Application to Adjust Status, with this service, or evidence that such an application has been approved on your behalf. This evidence should be in the form of a receipt receipt notice, or approval notice issued to you by this service.

We are unable to verify your current immigraiton status. Please submit a photocopy of your Form I-94 issued to you upon your arrival into the UNited States. If applicable, you must also include a photocopy of any tear-off From I-94s issued by the service to you showing any changes of status or extensions of stay granted since entry into the UNited States. Make sure to copy both the front and back sides of Form I-94."


My questions:

1. Is this normal? What could have triggered this?
2. Should I hire a lawyer to respond to this RFE? Or should I just repond to it myself by sending the requested documents with the original letter?
3. Should I send the AC21 documents with this RFE?

As an FYI, my case is EB-2 from Nebraska

Thanks,
mygcsearch
 
mygcsearch said:
Hello,

I have my I-140 approved and I-485 pending for more than 1 year now. I am on H1-B, but recently I applied for EAD/AP since I was looking for a new job. I got a new job and am transfering jobs using a H1-transfer (approved). I got my AP approved a week back. Yesterday I received an RFE on my EAD requesting photocopies of both 485 receipt notice and I-94. Needless to mention, I had sumbitted both these documents with my EAD application.

Here is the text of the message:

" Submit evidence that you have filed form I-485, Application to Adjust Status, with this service, or evidence that such an application has been approved on your behalf. This evidence should be in the form of a receipt receipt notice, or approval notice issued to you by this service.

We are unable to verify your current immigraiton status. Please submit a photocopy of your Form I-94 issued to you upon your arrival into the UNited States. If applicable, you must also include a photocopy of any tear-off From I-94s issued by the service to you showing any changes of status or extensions of stay granted since entry into the UNited States. Make sure to copy both the front and back sides of Form I-94."


My questions:

1. Is this normal? What could have triggered this?
2. Should I hire a lawyer to respond to this RFE? Or should I just repond to it myself by sending the requested documents with the original letter?
3. Should I send the AC21 documents with this RFE?

As an FYI, my case is EB-2 from Nebraska

Thanks,
mygcsearch
Click to expand...

1. No, this is not normal. Do you think your previous employer revoked your I-140? I would do a quick check on I-140 status to see if there has been a recent change in your LUD. If there is, then, that could have triggered the RFE.
2. I would hire a lawyer or use the one from your current employer if they have an immigration lawyer.
3.I don't know if you can use an AC21 if you are on a H1. Maybe someone else will shed light on it.

Goodluck
 
Thank you

minn_labor,

thanks for your response.

>>1. No, this is not normal. Do you think your previous employer revoked your >>I-140? I would do a quick check on I-140 status to see if there has been a >>recent change in your LUD. If there is, then, that could have triggered the >>RFE.

The previous employer has not revoked my I-140. I just had informed them of my move on the same day as I had received the RFE for EAD.


>>2. I would hire a lawyer or use the one from your current employer if they >>have an immigration lawyer.

Ok!

>>3.I don't know if you can use an AC21 if you are on a H1. Maybe someone >>else will shed light on it.

Actually, I have consulted multiple lawyers on this. Apparently, using AC21 has nothing to do it with H1. We can either chose to switch jobs using EAD/AP or a H1-trasfer (assuming it is an option).

thanks,
mygcsearch
 
But, what is the base you can apply for the EAD if “Apparently, using AC21 has nothing to do it with H1” transfer? Why can you apply for the EAD if the pending I-485 has nothing do to with your new employment? Have you had a new LC approval based on your new employment?
 
You must log in or register to reply here.
Top