Urgent - H1B Expired, no EAD, and GC Approved

A

amkazmi

New Member
Hi Gurus,

Please help.
On May 27th, 2009 the card production has been ordered for my my Green Card. It is less than 6 months since I filed the i-485/i-140 concurrently. I did not receive the EAD.
My three-year H1B expired on May 21, 2009. My attorney filed for H1B extension and I got an RFE on it. While we were preparing the response, I got the message that Green Card production has been ordered.

Now my question is that my H1B expired on May 21, and I hope to get the Green Card in 1 or 2 weeks (hopefully first week of June). So in this case do I need to respond to the H1B RFE. Can I withdraw my H1B extension and will it impact my GC in any way.
If I withdraw my H1B extension, then what will be my status from May 21 (when H1B expired) to first week of June (when I hope to receive my GC)?
 
amkazmi said:
Hi Gurus,

Please help.
On May 27th, 2009 the card production has been ordered for my my Green Card. It is less than 6 months since I filed the i-485/i-140 concurrently. I did not receive the EAD.
My three-year H1B expired on May 21, 2009. My attorney filed for H1B extension and I got an RFE on it. While we were preparing the response, I got the message that Green Card production has been ordered.

Now my question is that my H1B expired on May 21, and I hope to get the Green Card in 1 or 2 weeks (hopefully first week of June). So in this case do I need to respond to the H1B RFE.
--------------------------- send what is asked in RFE..
Can I withdraw my H1B extension and will it impact my GC in any way.
---------------------dont withdraw H1 extension if your GC gets approved then USCIS will know with your A# that your I-485 got approved..
If I withdraw my H1B extension, then what will be my status from May 21 (when H1B expired) to first week of June (when I hope to receive my GC)?
Click to expand...
--------------------------
 
amkazmi said:
If I withdraw my H1B extension, then what will be my status from May 21 (when H1B expired) to first week of June (when I hope to receive my GC)?
Click to expand...
The relevant time period of concern is from May 21 until your green card approval date, not until you receive the physical card. So that would be just one week that you were out of status if the H1B extension is denied or withdrawn. Being out of status for one week does not damage your green card eligibility. And there is no need to withdraw the H1B; USCIS will cancel it automatically as a result of your green card approval.

I wouldn't even bother to respond to the RFE if the plastic green card arrives before the RFE deadline. Don't give USCIS information if you don't need to, because anything you give them goes into your file and you could get questioned about it in the future. However you should respond to the RFE if you don't receive the card soon enough before the deadline, because a mere email is not a guarantee that your card was actually approved. Another poster on the forum reported seeing card production ordered, then went for 2 years without receiving the card and got a denial notice.
 
Last edited by a moderator:
amkazmi said:
Hi Gurus,

Please help.
On May 27th, 2009 the card production has been ordered for my my Green Card. It is less than 6 months since I filed the i-485/i-140 concurrently. I did not receive the EAD.
My three-year H1B expired on May 21, 2009. My attorney filed for H1B extension and I got an RFE on it. While we were preparing the response, I got the message that Green Card production has been ordered.

Now my question is that my H1B expired on May 21, and I hope to get the Green Card in 1 or 2 weeks (hopefully first week of June). So in this case do I need to respond to the H1B RFE. Can I withdraw my H1B extension and will it impact my GC in any way.
If I withdraw my H1B extension, then what will be my status from May 21 (when H1B expired) to first week of June (when I hope to receive my GC)?
Click to expand...
Read the Link:
http://www.uscis.gov/portal/site/us...nnel=4b18dc4d88889010VgnVCM10000045f3d6a1RCRD
 
Jackolantern said:
The relevant time period of concern is from May 21 until your green card approval date, not until you receive the physical card. So that would be just one week that you were out of status if the H1B extension is denied or withdrawn. Being out of status for one week does not damage your green card eligibility. And there is no need to withdraw the H1B; USCIS will cancel it automatically as a result of your green card approval.
Click to expand...

He wasn't out of status. He had a pending I-485. And he wasn't working without authorization; the H-1 petition was timely filed.

I'd ignore the RFE. If he wants to respond and withdraw the petition, he's welcome to.
 
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