Need Some Help!!!!

B

Boston_dude

Registered Users (C)
Hi Folks,
I need to ask you a question. If you see my signature my current status on my I-485 shows RFE as insufficent FP fee. Now, this RFE was issued on 14th Jan 2005 and my lawyer says she has not received the RFE notice so far. It would be worth while to mention that i didn't sign G-28 form. Now, who should receive the RFE notice lawyer or me? Another thing that is bothering me is that my online EAD approval message says that the case has been approved but it doesn't reflect that card has been mailed out? Does this have anything to do with my I-485 RFE? My I-485 status message says:

Current Status:

We have determined that there was an insufficient payment for the fingerprint fee for your I485 Application to Register Permanent Residence or to Adjust Status. On January 14, 2005 we sent you a notice of this, with an opportunity to submit the fee. Your case is being held in suspense until we receive your fingerprint fee. For more information, please refer to the notice we mailed you. If 14 days have passed and you have not received this notice, you may wish to verify or update your address.

I have not received the RFE notice so far what should i do?

Any input will be appreciated.. UnitedNation, Dazzling...
thanks,
Boston Dude
 
Do the following:

1. Call 1-800-375-LATE. This is uscis number.
2. Explain them that you are still waiting for RFE on your case. And that you did not get your EAD in hand due to this (EAD is interim benefit and any RFE on 485 will stop EAD and AP).
3. Also explain that you do not have any attorney representation on your 485 as you never signed G-28. And then they will confirm your mailing address. Confirm it yes or no as the case be.
4. Ask them that you would like to talk to VSC rep.
5. If they allow you - fine, explain everything to the VSC rep.
6. If you are asked to leave your telephone number - give them a number where you can be reached in the day time.
7. If you still do not get thru, get infopass appointment thru www.uscis.gov. Explain your situation to the immigration officer.

P.S.
1. Any RFE can be fatal - please do not underestimate it.
2. I came only to help you because you may run out of time, even though you made it clear that you need advice from selected individuals. Excuse me for my impolite way of getting in the thread without your permission.
 
Thanks Jharkhandi!!!!

Hi Jharkhandi,
Thanks for your advice.. I didn't mean that only unitednations and dazzling can advice me.. I really appreciate your help.. I know you are another major contributor this forum. Thanks for your inputs..
Boston Dude
 
Hi Jharkhandi,
I called up VSC service center. They said they have my name as "Care of" and they have my Employer address. She told me that if my mails are not delivered to that address then it is going to be returned.. Jharkhandi, can you please answer my doubt? Who receives the RFEs and approval notices if a person has not signed G-28 form. Also, do i need to send address change form with my home address?
regards,
Boston Dude
 
Boston_dude said:
Hi Jharkhandi,
I called up VSC service center. They said they have my name as "Care of" and they have my Employer address. She told me that if my mails are not delivered to that address then it is going to be returned.. Jharkhandi, can you please answer my doubt? Who receives the RFEs and approval notices if a person has not signed G-28 form. Also, do i need to send address change form with my home address?
regards,
Boston Dude
Click to expand...

If you would have signed G-28, it would have gone to attorney office.

Ok let us start it again - do you remember what address was on your 485 form? If it was your employer's address, then RFE will come on that address with your name like:

To,
Boston Dude
ABC Co.
Boston MA
12321

In this case you will have to ask your employer if he has recd any mail with your name!

To me it looks like you have used your employer's address as your address. Get it changed to your current address immediately using AR-11. Do not use proxy addresses with DHS. It is deportable crime.

How you should proceed:

Path I:

1. Fill AR-11. You can get it from uscis website.
2. Send it immediately.
3. Call same number 1-800-375-LATE after 3 days and ask if they have updated your address. I am sure answer would be no. Then slowly dictate them your new address and ask to confirm it for you. Verify that address is correctly entered. Next tell her that you did not recv your RFE and would like to get it on your new address. You will be gifted with your RFE letter.

Path II:

Call 1-800-375-LATE and explain her that you did not recv your RFE due to address change. And also explain the urgency. Usually they will do it for you. Don't tell them that you have used proxy address. Fill AR-11 later and send it.

Hang up now.

After 24 hours, call 1-800-375-LATE. Explain her your situation and ask her to verify your current address and also when can you expect your RFE? Now they will tell you that you have already called 2 times.(they keep track of it nowadays.). Just explain that it is urgent and you wanted the data to be loaded in USCIS system before making another call, so that it doesn't goes to a different address. She will connect you to VSC and then explain that you found out a different address in your 485, which is fixed now. Can they send RFE on new address?
 
Hi Jharkhandi,
Yes, it was like

Boston Dude
C/O KKK GGG HR MANAGER
ABC Co.
Boston MA 12321

for EAD and AP they have used

Boston Dude
ABC Co.
Boston MA 12321

Also, today i noticed LUD changed on my I-485, I-131 and I-765. Does that mean they have already updated my address? Do i still need to send AR-11?
thanks,
Boston Dude
 
Boston_dude said:
Hi Jharkhandi,
Yes, it was like

Boston Dude
C/O KKK GGG HR MANAGER
ABC Co.
Boston MA 12321

for EAD and AP they have used

Boston Dude
ABC Co.
Boston MA 12321

Also, today i noticed LUD changed on my I-485, I-131 and I-765. Does that mean they have already updated my address? Do i still need to send AR-11?
thanks,
Boston Dude
Click to expand...

You may like to call 1-800-375-LATE again and confirm that addess has been changed. If it has been changed, ask them that you are waiting for RFE and would like to ensure that it has been dispatched. Insist talking to VSC again. Confirm that RFE is sent to you this time.

Yes you must send AR-11 for any address change.
 
Relevance of AR-11

It is a long thread covering several pages. Whenever you have time go thru it:

http://www.immigrationportal.com/showthread.php?t=126658

*****************************************************

From one of the posts of the same thread:

Please refer to:

http://laws.findlaw.com/11th/0114658opn.html


Quote from same:

8 U.S.C. § 1229(a)(1).

Pursuant to 8 U.S.C. § 1229(c), the notice specified in § 1229(a) is effective if sent to the "last address provided by the alien."1 Indeed, an alien has an affirmative duty to provide the government with a correct address; under 8 U.S.C. § 1305(a),2 the alien must notify the attorney general within ten days from the date of a change of address. See also 8 C.F.R. § 265.1.3 Failing to provide the INS with a change of address will preclude the alien from claiming that the INS did not provide him or her with notice of a hearing. See 8 U.S.C. § 1229a(5)(B) ("No written notice shall be required . . . if the alien has failed to provide the address required under section 1229(a)(1)(F) of this title").

In addition to those clear statutory requirements, we also recognize the Fifth Circuit's decision in United States v. Estrada-Trochez, 66 F.3d 733 (5th Cir. 1995), in which that court held that notice sent to the alien's last known address satisfied due process, even though the alien argued that the INS could have easily notified his family. Id. at 736. As the Fifth Circuit recognized, it is the alien's statutory duty to notify the government of each change of address within ten days of the date of that change. 8 U.S.C. § 1305(a). The Fifth Circuit concluded: the "ultimate fault lies with the Appellant for [her] failure to comply with a law that is essential to the administration of the INS." Estrada-Trochez, 66 F.3d at 736.

__________________________________________________ __________________________________________________ ___

8 U.S.C. § 1305(a) states, in pertinent part:

Each alien required to be registered under this subchapter who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation.
 
man i have question, is it really legal for employers to use their address for EAD and advanced paroles?? since employers want to hold to all documents coming from INS. what is the trick to hold an employee after his/her 485 is filed?. can the hold on the document (for example) let us says asks to go for finger printing. can they play around saying we have not recd...therby delaying the GC processing.

i thought the employee has to sign the 485 papers before it can be filed? so how did the boston_dude did not realize the address is not his home address.
i am trying to understand the levels of scam that can happen. please explain.
 
michael_holding said:
man i have question, is it really legal for employers to use their address for EAD and advanced paroles?? since employers want to hold to all documents coming from INS. what is the trick to hold an employee after his/her 485 is filed?. can the hold on the document (for example) let us says asks to go for finger printing. can they play around saying we have not recd...therby delaying the GC processing.

i thought the employee has to sign the 485 papers before it can be filed? so how did the boston_dude did not realize the address is not his home address.
i am trying to understand the levels of scam that can happen. please explain.
Click to expand...
Well I don't think you need to give your employer's address. But just in case your employer insists, get address changed on 485 as soon as you get to know that application is accepted.
 
michael_holding said:
man i have question, is it really legal for employers to use their address for EAD and advanced paroles?? since employers want to hold to all documents coming from INS. what is the trick to hold an employee after his/her 485 is filed?. can the hold on the document (for example) let us says asks to go for finger printing. can they play around saying we have not recd...therby delaying the GC processing.

i thought the employee has to sign the 485 papers before it can be filed? so how did the boston_dude did not realize the address is not his home address.
i am trying to understand the levels of scam that can happen. please explain.
Click to expand...

I remember i filled in my home address when i signed the paper. I don't know how they have Employer address. Also, i am not sure if even EAD card has come to me because CIS don't have my address. This is also something i am not able to comprehend completely as to why they have company's address.
 
Jharkhandi,
I have another question. I didn't change my address it is just my Employer worte his postal address instead of mine.. Do i still need to send AR-11 form?
regards,
Boston Dude
 
Boston_dude said:
Jharkhandi,
I have another question. I didn't change my address it is just my Employer worte his postal address instead of mine.. Do i still need to send AR-11 form?
regards,
Boston Dude
Click to expand...
You are in charge of your 485. Did you check what was the address on 485 form when you signed it?

Now, since there is no address change - forget about AR-11.
 
THanks Jharhandi for your valuable advice. I remember filling my home address but at this moment i don't remember which form it was wherther I-485, I-765 or I-131. My employer only mailed me those pages of all the form where i need to sign it. So, in other words i never actually saw the fully completed I-485 form.
regards,
Boston Dude
 
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