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Gap In Continuous Employment Authorization Due To Work In Other Country

Discussion in 'Adjustment of status' started by Yogeshda, Jul 16, 2017.

  1. Yogeshda

    Yogeshda New Member

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    My PD is current. I recd. RFE for 485 asking for continuous employment authorization status since June 27, 2010.

    June 2000-June 2010 – H1B with same employer
    June 2010-Nov 2010 – worked on EAD with same employer
    Apr 2007 – I140 approved (EB3)
    Aug 2007 – 485 applied and pending till date
    2008 – 2012 EAD and AP
    Nov 2010 – Went to home country India with valid AP and EAD
    Nov 2010-May 2014 -Stayed in home country India due to ailing parents. worked in home country
    Sep 2012 – EAD got expired while out of US; AP also expired.

    May 2014 – returned to US on L1 visa with different employer
    Dec 2014 – Reactivated EAD and AP based on pending 485 (C09) - 2 renewals after the gap.
    Nov 2016 – Quit L1 sponsoring employer
    Nov 2016 – Joined another employer on EAD
    May 2017 – 485 PD Current
    June 2017 – responded to RFE for Medicals, 485 supplement J and Empl. verification letter
    July 2017 - 2nd RFE
    Pl. submit proof of your continuous employment authorization in the US from June 27, 2010 to the present
    Such evidence may include copies of:

    Employment authorization documents (forms I688 or I-766) granted to you by this service
    Form I797 approval notices showing you were granted status in an employment authorized nonimmigrant classification and/or
    copies of I94 arrival/departure records showing you were admitted to the US in an employment-authorized nonimmigrant status
    ----------------------------------------------

    While in US, I always worked on employment authorized nonimmigrant classification or EAD.

    Q: will the gap of staying out of US for 3.5 years while 485 is pending, returning to US on valid L1 visa but from different employer and reactivating EAD/AP on pending 485 (renewed twice) after return make any negative impact to the case?
     

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