if RFE on job during AOS

[d9a]

I am in AOS but actively seeking a job. What if I get a RFE on my job status but I could not get a job within reply period ? Any consequence after that ? Thank you for kind help.

[tusharvk]

murthy has faq on this topic (ac21 murthy faq would be the search term).

Depends on if the 140 was approved and 485 was pending for more than 180 days and if the employer has taken the active step of withdrawing 140.

[Belle]

"I am in AOS"

That provides exactly no information to answer your question.

[d9a]

I used AP coming back to US after labor based 485 pending more than 180 days. I have not used EAD yet. Right now lost job and worry about 485 RFE on job.

What if I get a RFE on my job status but I could not get a job within reply period ? Any consequence and procedure after that ?

[Belle]

Again, the information you are citing is not really relevant. It is not clear what your I-485 is based on to understand whether a job letter would even be issued.

[d9a]

Very sorry about inaccuracy. My 485 was based on PERM and I-140 in EB2 category. I am the principle applicant.

[Belle]

Are you eligible for AC21?

[d9a]

I am eligible for AC21, but job market in my area is very tough right now.

What if I get a RFE on my job status but I could not get a job within USCIS's reply period ? Any consequence after that ? Thank you !

[Belle]

If you do not have a job offer (no need to start the job) in a similar profession within the timeframe of USCIS response, your I-485 will be denied. It will be denied with no "prejudice", i.e. you are not barred to file a new one in the future, but you will not be able to appeal or reopen it. It is unlikely that the USCIS will put you into the removal proceedings, though. But you don't want to start incuring illegal presence - and you will have to talk to a lawyer to understand when your presence is no longer authorized.