Did you contact the Ombudsman and a Congressman?
Did you discuss legal options, such as filing a suit against USCIS, with your attorney?
The RFE asks for "
continuous employment authorization". You should submit copies of current EAD and all past EADs that you received.
I submitted the following documents
- Letter explaining that AC 21 can be applied in my case. The letter has the past and current descriptions. In my case the roles and responsibilities are quite different but broadly similar. Make sure that at least 1/3rd of the descriptions overlap.
- Letter from my current employer (with the details requested in the RFE letter below)
- Copies of EADs, current and all past
- Any H-1B renewal notices - none in my case
- Sealed I-693 from a Designated Civil Surgeon
Content of the RFE letter is below
Your Employment-Based (EB) Form 1-485 adjustment application remains pending at this office.
USCIS policy requires a determination of continued eligibility on previously pre-adjudicated EB
adjustment applications. See Chapter 23.5 (f)(4) of the Adjudicator' s Field Manual (AFM).
Continued eligibility means the Principal Applicant has a valid offer of employment from the time the
priority date is established until the issuance of an immigrant visa in any EB visa category requiring a
job offer. Please submit the following to show your continued eligibility:
Submit a currently dated letter from your petitioning (Form 1-140) employer, verifying your
employment with them and whether their job offer continues to exist. The new job offer letter must
describe your current position and duties, the job title and duties of the offered position (if different
from your current one), the date you began employment and the salary or wage paid. This letter
should be on company letterhead and signed, in the original, by a person authorized to make or
confirm an offer of permanent employment.
Important: if you are no longer working for your original Form 1-140 petitioner, submit a written
explanation for the change. You may also submit evidence to show you remain eligible to adjust
through visa portability under section 2040) of the Immigration and Nationality Act (INA). INA
2040) job portability applies if your Form 1-485 has been pending for more than 180 days AND your
new intended permanent employment is the same as, or similar to, the original Form 1-140 position.
To seek portability, you must submit a currently dated letter from your NEW employer, verifying your
employment with them and describing the offered position. As above, this letter must describe your
current job title and duties, the position offered (if different from your current one), the date you began
employment and the offered salary or wage. The letter should be on company letterhead and signed in
the original as described above.
Please submit proof of your continuous employment authorization in the U.S. from the date you filed
your Form 1-485 to the present. Such evidence may include copies of:
• Employment Authorization Documents (EADs, Forms 1-688 or 1-766) granted to you by USCIS
• Form 1-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant status, or
• Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. in an
employment-authorized nonimmigrant status.
Form 1-693, Report of Medical Examination and Vaccination Record, is normally valid for a period of
one year from the date it is signed by a designated civil surgeon. Current USCIS policy provides that,
in certain cases, a Form 1-693 that exceeds this validity period is acceptable. This policy, however,
will expire on May 31,2014. See USCIS Policy Manual, Volume 8, Part B, Chapter 4(C)(4).
The Form 1-693 that you submitted in support of your Form 1-485, Application to Register Permanent
Residence or Adjust Status, is no longer valid or is about to exceed its validity period. Please submit
a new Form 1-693 completed by a designated civil surgeon to this office together with a copy of this
notice. Including a copy of this notice with your Form 1-693 will facilitate matching the medical
report with your file. A list of designated civil surgeons can be obtained by calling the USCIS
National Customer Service Center at 1-800-375-5283, or via the USCIS website at
www.uscis.gov .
This office will not be able to take further action on your case until all required documentation has
been received, including a new medical report, and a visa number has become available to you, as
determined by the U.S. Department of State. USCIS periodically reviews pending adjustment
applications in anticipation of visa numbers becoming available and to address medicals, security
checks or other required items subject to expiration.
IMPORTANT: This request is being made to establish your continued eligibility and in anticipation
of an immigrant visa. However, a final decision may not be made until an immigrant visa becomes
available to you. The monthly Department of State Visa Bulletin is posted online at
http://travel.state.gov/visa/bulleti...etin_1360.html. In addition to the requested items, inform this
office promptly if any of the following changes apply to your case:
• You or your representative have a new mailing address
• You or any of your dependents have changed marital status since filing Form 1-485
• You or any of your dependents no longer wish to adjust status or have departed the U.S.
indefinitely.
You must submit the requested information within eighty-four (84) days from the date of this letter (87
days if this notice was received by mail). Failure to do so may result in the denial of your application.
Please note the required deadline for providing a response to this Request for Evidence. The deadline
reflects the maximum period for responding to this RFE. However, since many immigration benefits
are time sensitive, you are encouraged to respond to this request as early as possible but no later than
the date provided on the request.