View Full Version : RFE received on 485

06-12-2008, 12:42 PM

I am in a troubling situation. Here's my story

Have I-140 approved from Company A with PD Nov 03 - EB2,
Another 140 approved from Company B with Jan 05 - EB3 and currently working for this company

Filed 485 with comp A last year (along with A/P and EAD, both approved), and recently received RFE on 485 asking EVL for Company A, along with docs such as I94 copies etc.

Working with Lawyer in preparing a response, just this morning got a call from Lawyer and she's telling me that after we respond to RFE its a possiblity that USCIS may question again why I didn't join company A even after receiving the EAD ? (I'm still working with comp B currently).

If they do generate another RFE what are my options? will my 485 application be screwed? I asked this question to Lawer and she said we will not have many options if that happens...

Anyone in this situation? Your valuable suggestions/insights are greately appreciated....

Thanks in advance

06-12-2008, 12:50 PM
I dont see a huge cause for concern here, if everything was done by the books....remember there is priority date porting available...so you could have ported your company A priority date to company B...but technically green card is for future job...

This is just my opinion...not legal advice...follow your lawyer..if in doubt...consult another lawyer familiar with such tricky situations.

06-12-2008, 12:55 PM
I don't think USCIS would "insist" that you work for employer A. You don't have to work for the sponsoring employer until after you receive your green card. As long as the employer is willing and ready to give you EVL, there should be no concern. Remember that your employer's petition on your behalf is for future employment.

06-12-2008, 12:56 PM
EB green card is for future job, so technically you do not have to start working for A until I-485 is approved. Have you ever worked for company A?

06-12-2008, 01:06 PM
Thanks to all for the response.

I never worked for company A. And he is willing to give me EVL and the cause of concern that Lawyer saying is, since I have the EAD they might ask why I didn't join the company A, and it could violate my intentions (future employment of not joining A) when I had the option (with EAD)

Thanks much again

06-12-2008, 01:15 PM
If your status was not dependent on pending I-485 (i.e. H1B is still valid) and you do not intend to join Comp A anymore, you can ask USCIS to use I-140 from Comp B as underlying petition for I-485. Otherwise you may be forced to join Comp A after I-485 is approved.