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I think if your company goofed on RFE, your best option is Motion to Reopen (it is used to submit new evidence, as opposed to ask for a different interpretation of existing evidence, which is an appeal). There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon).

Yes, the whole PERM/I-140/I-485 is for future employment. You do not have to work for the sponsoring employer until the date of your approval.

Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??

GC is for future job, this pay is for skill set that will be used for FUTURE JOB,
it has nothing to do with your current job even if it is same job title.

Donot worry for stuff you donot have control over. It was done in past, you are fine, you cant do anything about it anyways now, or even if you had known about this in past.
LCA Salary is determined by Labor office, those great folks always come up with salary ...that no one pays.

Talk to your employer and ask about seeking higher salary. Most folks get huge jump ( in normal market) when they get their EAD since employer knows now they will move somewhere else.

Donot panic about everyting.
HTH

Gurus, I just got an email about RFE on 485 application for both of us (myself and wife). My PD is Sep 2006, EB2, not sure why the application got opened and whats the RFE about. I am still working on h1 (renewed based on approved 140) and still has 1.5 years left. Is someone on the same boat, i mean RFE's on 485 though PD is not current??? If the RFE is about my employment, would my wife also get the RFE ?? I am with the same employer from almost 6 years.Do i get the copy of RFE too or just the attorney?? Thanks Guys, appreciate your help ....

Don't worry much its more than like going to be a medical RFE.

I had an RFE recently with similar status. See thread....
http://immigrationvoice.org/forum/showthread.php?t=24601

I Have my EAD card but my spouse was in India when i applied for EAD. That mean she doesn't have EAD card rite now.

Can she get EAD or SSN?

Pls help.....


Unless you submitted I-485 for her she cannot apply for EAD. If you did submit I-485, yes you can apply EAD for her now by submitting form I-765.

May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.

There should not be any issues with your parents arriving while your transfer is in progress since you'll be working with Company A at the time they enter the country.

I have an approved I-140 from my current US company but there are some discussions of "layoffs" going around and I want to be ready for any scenario.

My question is whether I can retain my PD with an approved I-140:

1.) If the employer hasn't taken any decision to cancel I-140.

2.) If the employer writes to USCIS about cancelling I-140.

Thanks.

Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.

I don't believe H1B has anything to do with filing a Labor Certification for a EB Green card. An employer can file LC for a position even when a candidate is outside the country. they are two separate tracks.

What you may be thinking is the answer to the question about a candidate's status. In your case it's simply AOS (Adjustment of Status). You will definitely have to consult a good lawyer.

Any updates

I had received the same story in email about 7 years back.

You are right. I keep getting emails with this story every now and then. I have travelled so many times to India and never had any problems of such kind at airport.

At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.


Well, are you sure I would need to work for this "future employer" for 6 months?

AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

Is this scenario different because A is not a future employer?

She can apply for EAD now and once she gets it she can apply for SSN.

bump
I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post

Thank you!

I am not quiting my company but I am moving to India. In that case what will happen ?

Your valuable inputs are greatly appreciated.

Thank you very much!

Thanks for the information. VB dates were stuck around April 2001 date because a large number of applications were filed to meet the deadline for
245i.

The dates were �current� until 2005 because of the availability of unused visa numbers that were recaptured by AC-21 bill - passed in 2000-2001. So countries with larger applicant pool got (a lot) more than the otherwise allowed ~3000 green cards in each category. Since 2005, there are no recaptured visa numbers are available, so applicants in a category from any specific country cannot get more than ~ 3000 green cards. Pls. see the distribution of green card numbers in 2006 in his document:
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf

Most people on the forum are busy tracking their 485 receipt, of encashment of bank checks, IO comments etc. Most people will learn that all this is tracking is of no use other than helping everybody to have higher BP. If more green card numbers are not allocated, the wait time for applicants with priority date 2006 could possibly be more than a decade. The past trends were driven by positive events like visa recapture etc. So these trends are not reflective of what to expect in the future. But looking at 2006 numbers, one thing is for sure, the wait times could be a many more that what we would expect.

There is only thing that can prevent wait times of more than 10-15 years - change in the law to increase the number of EB GCs.

and here is a version with FM 3 and a touch of level and contrast adjustment.

by the way - the avocet portrait is great.