RFE on I485

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needhelp09

New Member
Hello,

I applied for GC labor under EB2 category in May 2006 via the Perm process. My I140 is approved. I applied for I485, EAD and Advanced Parole simultaneously. I renewed my H1 visa June 08 which is valid until June 2011. I have not traveled outside the US since I renewed my H1 Visa. The I-94 has valid until June 08 date. I completed my fingerprinting and medical check up last year.

My EAD expired in October 2008. My attorney told me there was no need to renew my EAD since I have a valid H1.

I have been working with the same employer for the last 4 years.

I received an RFE on my I-485. USCIS sent the following request for attachment:

"Please submit proof of your continuous employment authorization in the US from October 5,2008 to the present. Such evidence may include copies of:

Employment Authorization Documents (Forms I-688 or I-766) granted to you by this Service;

Form I-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant classification; and/or

Copies of Form I-94 Arrival/Departure Records showing you were admitted to the US in an employment-authorized nonimmigrant status."

I am not sure what documents to send to USICS. Please advice.

Thank you...
 
needhelp09 said:
My EAD expired in October 2008. My attorney told me there was no need to renew my EAD since I have a valid H1.
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Apply for a new EAD anyway. You could lose your job in this economy, and an EAD will allow you to get a new job faster. If your I-485 was filed after July 2007 and you paid the $1010 all-inclusive fee, there is no fee for EAD renewals.


Form I-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant classification;
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Your H1B approval notice is a form I-797.
 
I had a similar RFE. In my case I didn't have visa in passport and had traveled on AP, while H1-B petitions were always filed and approved but had expired EAD.

My lawyer sent all H1-B approval notices from the last entry as H1-B, copy of I-94 as H1-B, tax return and payment stubs, along with a letter from the employer confirming continuous employment with the H1-B sponsor and that all conditions for the H1-B were met.

I haven't any more from USCIS, and the current status says response to RFE received and case resumed processing.

Make sure your response reaches before the deadline.

BTW, I just approval notice on EAD extension as well.
 
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I would like to add to my previous post... If you have AOS pending and working on H1-B with expired EAD, then you have to prove not only H1-B validation but also that the your current job meets H1-B requirements (which might not be same as you GC job). So, if you are working on valid H1-B with expired EAD, but getting less pay than the LCA or different conditions, you could be out of status.
 
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