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Thread: I140 RFE, can apply I485 with new rule?

      
  1. #1

    I140 RFE, can apply I485 with new rule?

    Hi Guys,

    I am new to this forum,but desparately need your precious help in this situation.

    I applied for my I 140 on March 21'02 (RD) and got an RFE for company financial statements on Jul 26'02 and replied back on Sept 5,and INS updated my AVM status as received the additional information for Evidence on Sep'19.On Oct'26 I told my employer to find out the status from INS,INS officer said its in the process and will take some more time.
    I don't what they are doing with my file,we sent all the information they asked for.

    I wanted to apply for I1485 but my lawyer says , I may get another RFE for 485 as they don't have I140 information.
    If somebody is in my shoe and applied I1485 can throw some light.

    And also my client wants me to join as permanent emp.If I join how can I keep my green card processing going on?


    Pl help
    Thanks

  2. #2
    Hi

    I got RFE for Company Financials in May 2002 and TSC has received all the Documents on June 14,2002. So far No news. I filed I-485 concurrently and my receipt date is 09/09/2002. You can always file I-485, even if you got RFE.
    Is it your company lawyer or Personal lawyer? If it is Company lawyer, he is really working for the Company, not for you.
    As I know, you cannot join with your client till your I-140 get approved and
    you have completed 180 days from your I-485 Notice date. (If you file concurrently, then your I-140 must get approved within 180 days)

    Hope this helps.

    Nanshi...

  3. #3

    Thanks Nanshi

    Nanshi,

    Is it possible now to apply I485 as I already sent my I140 papers(RFE)?


    Thanks.

  4. #4

    Thanks Nanshi

    Nanshi,

    Is it possible now to apply I485 as I already sent my I140 papers(RFE)?


    Thanks.

  5. #5
    As long as one got I-140 receipt or I-140 approval notoice, one can file I-485 .....

    Need not worry about I-140 RFE ....

    I did not understand ur lawyer statement "DO not have I140 information" ... What he mean Concurrent filing ?

  6. #6
    Hi INSSucks,
    Go ahead and file you I-485 immediately. Your lawyer may tell that if your case gets denied, you may loose the money blah, blah... Tell him to just file, if you really want to file.


    All the Best

    Nanshi...

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