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Hi,
I applied for a GC on the basis of marriage to a US citizen (I-485, 130, 131 and 765 concurrently). On May 4 they sent me an RFIE—it's complicated but I need to prove I wasn't subject to the J-1 two-year residency requirement when I came here during undergrad. I wasn't, but there's no notation either way on the visa in my passport, so according to them I *could* have been, and that's why I need to prove I wasn't. Sigh.
Anyway, my lawyer has asked the State Department for an advisory opinion confirming that I wasn't subject to it, which will take a few weeks.
Does anyone who has received an RFIE have any experience on how long it might take USCIS to schedule the interview and resume work on the EAD after we submit our response? I would really like to leave my current job—I'm on O-1 status right now, tied to the company I work at—but I'm afraid to while the RFIE is still unresolved, because of the 2018 USCIS policy allowing them to issue deportation proceeding notices if you don't have underlying status. And I don't think I'd be able to convince the company that wants to hire me to pay up to do a whole new O-1 petition.
I applied for a GC on the basis of marriage to a US citizen (I-485, 130, 131 and 765 concurrently). On May 4 they sent me an RFIE—it's complicated but I need to prove I wasn't subject to the J-1 two-year residency requirement when I came here during undergrad. I wasn't, but there's no notation either way on the visa in my passport, so according to them I *could* have been, and that's why I need to prove I wasn't. Sigh.
Anyway, my lawyer has asked the State Department for an advisory opinion confirming that I wasn't subject to it, which will take a few weeks.
Does anyone who has received an RFIE have any experience on how long it might take USCIS to schedule the interview and resume work on the EAD after we submit our response? I would really like to leave my current job—I'm on O-1 status right now, tied to the company I work at—but I'm afraid to while the RFIE is still unresolved, because of the 2018 USCIS policy allowing them to issue deportation proceeding notices if you don't have underlying status. And I don't think I'd be able to convince the company that wants to hire me to pay up to do a whole new O-1 petition.
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