changing Job on EAD with RFE raised on 485

[radalk]

Hello,

Before writing this post I did try to research different posts to see if there is similar case like mine but could not find one, so I am posting one now

Here is my story and questions

1. I got my EAD 05/2012 and I have approved I140 as well. My PD is 03/09

2. I got RFE on my 485 application, they asked about my last divorce certificate. I/my company submitted the response 10/12

3. My I485 is now pending more than 180 days. I am filed under EB2 category, looking at the latest visa bulletin I feel it will take quiet a bit of time before I would see my GC

I have couple of questions:

1. Would there be any remarks/response on my RFE response before my PD becomes current?

2. If I plan to change jobs (with similar role as filed in GC with no reply to my RFE response) would there be a problem?

Thanks in advance

[Attorney_11]

In cases which are pending due to immigrant visa oversubscription (retrogression/back log), an RFE response is not responded to unless the evidence provided was insufficient. It may be helpful to contact a qualified immigration attorney for consultation and clarification.

[radalk]

Thanks for your reply Attorney_11. Any thoughts on my second question about issues in change of job?

[submit2junk]

Thanks for your reply Attorney_11. Any thoughts on my second question about issues in change of job?

Why do you think there would be any issue. If your EAD is valid AND you have approved I-140 copy and you are on good terms with your GC sponsoring employer, you can invoke AC21 and switch job. Law allows that. When you change job, during the subsequent EAD renewal it is likely that you will have a RFE if your GC sponsoring employer revokes the approved I-140.

The employer is NOT obliged to inform you about revoking I-140 though you may see the status reflected online. I recommend you register with DHS website and link your A# with email id and any decision on your case status should be reflected. Don't remember if it only asks for A# or asks for your I-140 control# / 485 Receipt #. Make sure you get all the relevant control #s from your GC sponsoring employee.

Look before you leap. Good Luck.