RFE on EAD - losing work status

K

km201

Registered Users (C)
I-140 (VSC) approved.
EAD ND - 05/27/2004.
RFE recieved (for biographic info) - July 21st, 2004.
H1B 6 yrs expiring - Sept 1st, 2004 (Employer not applying for 7th yr extension).
I send my colored passport pages and driver's license along with my wife's on August 6th, 2004. But my laywer is stalling me and not filing my RFE (probably under mgmt orders since I pissed them off earlier). Can I apply independently thru a different lawyer or personally? What about the reqmt for "original" RFE document bcos I only have a fax copy of the RFE with me?
As u can see, my work status is in jeopardy, making me very anxious and I'm sure my employer is enjoying my misery since they are incommunicado with me!!
Thanks in advance.
 
km201 said:
I-140 (VSC) approved.
EAD ND - 05/27/2004.
RFE recieved (for biographic info) - July 21st, 2004.
---- submit what is asked

H1B 6 yrs expiring - Sept 1st, 2004 (Employer not applying for 7th yr extension).
------ request the employer to file 7th year H1 extension before august end
I send my colored passport pages and driver's license along with my wife's on August 6th, 2004. But my laywer is stalling me and not filing my RFE (probably under mgmt orders since I pissed them off earlier).
Can I apply independently thru a different lawyer or personally?
--- yes you can file directly, no need of employer letter for EAD or AP
What about the reqmt for "original" RFE document bcos I only have a fax copy of the RFE with me?
--- by law the lawyer reoresent YOU for I-485 and your EAD AP, ask the RFE documents and if he does not give tell him that you are going to complaint to state Bar or talk to other lawyer better Hire YOUR lawyer and let him get your RFE noitce from past lawyer
As u can see, my work status is in jeopardy, making me very anxious and I'm sure my employer is enjoying my misery since they are incommunicado with me!!
--------employer or lawyer cant keep your RFE notice with them, EAD is based on YOUR I-485 and I-485 does not belong to employer
Thanks in advance.
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Work Status

Since the RFE is on Biographic infomation-I think the best thing to do is send INS the requested document. Put a nice cover letter and attach all the requested documents.

But I guess U should try to patch up with the employer somehow -- for some more months atleast.

Hope that might be helpful
KM
 
Continue working ?!

Thanks for the replies, Ginnu and KM.
My lawyer has (reluctantly) filed my RFE docs with the INS on Aug 17th.
KM - My relationship with my employer is beyond repair now :(

But the next big question now is - Should I continue working after my H1B visa expires (Sept 1st), in case my EAD does not come by that time (wishful thinking!) Or is there any other provision to continue working under such circumstances?

Thanks.
 
km201 said:
Thanks for the replies, Ginnu and KM.
My lawyer has (reluctantly) filed my RFE docs with the INS on Aug 17th.
KM - My relationship with my employer is beyond repair now :(

But the next big question now is - Should I continue working after my H1B visa expires (Sept 1st),
---NO
in case my EAD does not come by that time (wishful thinking!)
---- you need valid H1 or EAD to work
Or is there any other provision to continue working under such circumstances?
---- take leave or talk to HR if they can pay you after you get EAD , or file H1 extension before H1 expires
Thanks.
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