H1-B RFE but EAD GC and waiting for Interview


Bijendra Shrestha

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Hi there,

To start with, I filed for H1-B extention in the year 2015 from client location in TX. But because of some Budget issue in the project, I was laid off in a month from the project. After that I found another JOB in MI and started to work there. Since, my H1 extension was still pending, I did not apply for amendment even after my client location was changed. I worked in MI for about a year till 2016 without amendment and then I got RFE for my extension, and I replied and it got approved on May 2016. 

Still I haven't applied for amendment saying my client location is not TX, but MI. Then after about 3 months of H1 approval, I applied for amendment in August 2017,  saying my client location is in MI with the recent 3 pay stub from June and July with address of MI.

I got an RFE again, saying, why did I start working at new location MI without applying for amendment. Since, they have a proof of my pay stub already having MI address from June and July, Why did I apply for Amendment in August. I have till first week on March to respond to the RFE.

But the situation is, I recently got EAD GC on Nov 2017 and i have switched to EAD GC and started working at new location in OH using EAD GC.

Since, my priority date is current and I am expecting my Interview to be schedule in next couple months.

My employer's attorney suggest me to withdraw the amendment since I am already in GC EAD. I do not have to respond to it.

But i am skeptical, if my details will be pulled at the time of interview, and if they come to know about RFE which i did not reply to, I will be immediately out of status then.

Please suggest me what should I do. 

Thanks,

BJ

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