I am seeing a lot of LUD changes with my RFE but no approval yet. Is this normal ? Let me give some details about my RFE:
1. It asked to submit a currently issued letter from the prospective employer indicating that the terms and conditions of permanent employement continue to exist. To this I submitted a letter from the employer along the same lines as the job duties were specified in the labor along with intention to employ permanently.
2. Submit evidence of work authorization when I was a graduate student. In the biographic information my work as research / teaching assistant was also mentioned which I think might have trigerred this. In response to this I submitted my I-20's, letters from graduate employment HR manager and Optional Practical Training EAD card.
3. This is the scary one. It says that the "information filed with this application and/or contained in the record appears to establish that you are an alien subject to the restrictions in eligibility to adjust status. The record indicates that you were in valid nonimmigrant status upon filing your I-485 but that you were subsequently employed in the U.S without authorization from this service". Ok here is the timeline of my statuses...H1-B approved from 01/01/2003 till 08/25/2004. Applied 485/EAD/AP in 03/31/2003 and got 1st EAD approved on 08/18/03 valid till 08/17/04 and 2nd EAD approved from 08/18/04 till 08/17/05. And I already applied for my 3rd EAD renewal. So I sent all the copies of EAD notices/approvals to indicate that I was actually employed in the U.S with their authorizations.
I consulted with a reputed law office and sent these documents. I hope this is all the stuff that is required but I think there are too many LUd changes happening on my application whiich scares me. My only question is when my H1 expired does the approved EAD automatically kick in or not? Also does the overlapping H1 and EAD's create any problems. To me it sounds too simple that they should have the record of all the EAD's that they issued but then why do they say that they do not ahve any record of this? Am I missing something here.....and they go on to say since I was an unauthorzed alien because they did not authorize me for employment I cannot qualify for 245(i) or 245(k).
Thanks for any of your responses
1. It asked to submit a currently issued letter from the prospective employer indicating that the terms and conditions of permanent employement continue to exist. To this I submitted a letter from the employer along the same lines as the job duties were specified in the labor along with intention to employ permanently.
2. Submit evidence of work authorization when I was a graduate student. In the biographic information my work as research / teaching assistant was also mentioned which I think might have trigerred this. In response to this I submitted my I-20's, letters from graduate employment HR manager and Optional Practical Training EAD card.
3. This is the scary one. It says that the "information filed with this application and/or contained in the record appears to establish that you are an alien subject to the restrictions in eligibility to adjust status. The record indicates that you were in valid nonimmigrant status upon filing your I-485 but that you were subsequently employed in the U.S without authorization from this service". Ok here is the timeline of my statuses...H1-B approved from 01/01/2003 till 08/25/2004. Applied 485/EAD/AP in 03/31/2003 and got 1st EAD approved on 08/18/03 valid till 08/17/04 and 2nd EAD approved from 08/18/04 till 08/17/05. And I already applied for my 3rd EAD renewal. So I sent all the copies of EAD notices/approvals to indicate that I was actually employed in the U.S with their authorizations.
I consulted with a reputed law office and sent these documents. I hope this is all the stuff that is required but I think there are too many LUd changes happening on my application whiich scares me. My only question is when my H1 expired does the approved EAD automatically kick in or not? Also does the overlapping H1 and EAD's create any problems. To me it sounds too simple that they should have the record of all the EAD's that they issued but then why do they say that they do not ahve any record of this? Am I missing something here.....and they go on to say since I was an unauthorzed alien because they did not authorize me for employment I cannot qualify for 245(i) or 245(k).
Thanks for any of your responses
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