NIGHTMARE re:RFE I-485 and H1B status

[operababy 0]

Hello All,

I'm asking for URGENT help. My husband and I are in a very sticky situation. He's currently working under an H1B status that is set to expire 9/30/2013. The lawyer for his current company is saying that he needs to go back to his country and re-enter the US again immediately. It appears as though he is not eligible to work any longer until he does so.

We had ALREADY filed all of the Petition for Alien Relative forms I-765 and I-485 plus all required forms in November 2011 to avoid all the possible H1B hassles. I have filled out these forms in the past and I know without a doubt, that all was filed correctly.

Despite all our best efforts, the USCIS sent us the WRONG (meaning literally someone else's) Request for Evidence documents. We sent them the letter back saying it was not ours etc. And since that point we've been screwed.

Here's the problem. On February 9th, he received a txt message that there was another request for evidence pending after the first one. Yet, we haven't received the second doc in the mail. On one of the USCIS' systems the RFE shows pending and on another it's not there at all. There are NO, yes absolutely, no details of what they are looking for in the system that shows the pending RFE request.

We put in a service request to have the RFE letter sent to us again and also send a temp EAD card, but still after 2 additional weeks we have not received anything. We are getting desperate that he may need to leave the country because our petition has been delayed.

Does anyone know if we have any recourse. What can we do? No one at the USCIS either in person or over the phone is able to help!

Desperately seeking someone who might know anything or have had a similar experience,

Jen (Mpls, MN)

[Penguin_ie 5,997]

**** Moving from AOS from Family visa to AOS from Work visa as OP's husband is here on a H1B *****

[Harpa Timsah 13,258]

Get a Tier 2 person on the phone (ask to be transferred to a supervisor when you call), or INFOPASS appointment at your local office.

A few points of confusion: There is no temp EAD card. Your husband is in a NEW period of authorized stay currently, so his H1B job matters no more. He can quit if he likes. He doesn't need to leave the country. Lots of panic here for no reason.

[kcoyclay1 98]

I got an RFE mail that had someone else's receipt number and we called a tier 2 ISO and they looked into our case and told us it was not ours but an administration error. We requested that They send an email stating that there was no RFE on our case and they did.

When you petitioned for him it revoked his previous status. You are requesting an adjustment of his status which puts him in limbo as he awaits approval. It cancelled his previous status. He does not need to return to his country and should not because he's been processed and difficulties can arise because in essense he has no traveling visa. Remember it was cancelled.

Without a work visa the job does not want to get into any problems with immigration. He needs his employment authorization. Maybe they can work something out in which he stops working until he gets his EAD and subsequently his GC. However, he should not leave the country. I repeat he should not leave the country. He is already being processed to adjust here.

[operababy 0]

Unfortunately we don't have the luxury of him quitting his job while we wait for approval. I called and asked for a tier 2 person specifically and was told exactly the same info, that the request for evidence was pending, his interim EAD card was pending also the request for evidence. lol it's a never-ending cycle. Now I'm hold for yet another person who may or may not have additional information.

This is ridiculous. No one from the local USCIS office or the customer service line(s) have any clue as to why 1. we would not have received the document and 2. why we got it to begin with.

We are literally in limbo. Thanks for the replies!

[Harpa Timsah 13,258]

H1B is a dual-intent visa so the OP's husband does have traveling rights and a real status (H1B) until he loses H1B or gets his GC. If he loses H1B then he will be in AOS-pending, which is legal status, but with no travel rights (unless AP in hand). H1B is different in that way, and his status wasn't cancelled by filing AOS, which is the case for most visas. He can leave the country as long as he has his H1B. Personally, I don't buy the lawyers story that the OP's husband must "return to country of origin" to retrigger status, but that has nothing to do with the AOS.

OP - It seems to me you're chasing down the missing RFE letter, which is what you should be doing. Everything is paused (read EAD) until that is taken care of.

Edited March 12, 2012 by Harpa Timsah

[Dakine10 5,452]

  On 3/12/2012 at 9:11 PM, kcoyclay1 said:

When you petitioned for him it revoked his previous status. You are requesting an adjustment of his status which puts him in limbo as he awaits approval. It cancelled his previous status. He does not need to return to his country and should not because he's been processed and difficulties can arise because in essense he has no traveling visa. Remember it was cancelled.

No it didn't. The H1B is still valid, and he can continue working for that employer.

[Dakine10 5,452]

  On 3/12/2012 at 9:33 PM, operababy said:

Unfortunately we don't have the luxury of him quitting his job while we wait for approval. I called and asked for a tier 2 person specifically and was told exactly the same info, that the request for evidence was pending, his interim EAD card was pending also the request for evidence. lol it's a never-ending cycle. Now I'm hold for yet another person who may or may not have additional information.

This is ridiculous. No one from the local USCIS office or the customer service line(s) have any clue as to why 1. we would not have received the document and 2. why we got it to begin with.

We are literally in limbo. Thanks for the replies!

Yes, you are in limbo, but for now your husband can continue to use the H1B for the current employer. If this drags on until the H1B expires, you would then be in the situation where he can't work.

The lawyer is also giving you incorrect advice, but at least you are not actually paying for it. I would ask the lawyer why they actually think he must leave though (given that the H1B allows dual intent). The lawyers advice is still problematic since that the employer is also getting the same advice.

Edited March 12, 2012 by Dakine10