Dear forum contributors,
Thank you for taking the time to read my post. I will summarize my pending case and ask the question at the end. Please read patiently.
1) I submitted my initial I140 on June of 2007 and got a first RFE on August the 16, 2007 with a 6 weeks response time. My attorney with the help of the company responded to the RFE with all the evidence requested including an expert opinion of a CPA. Basically the evidence requested was "ability to pay." My company told me that the online website(CRIS) never updated to reflect the first RFE was issued. After the response was submitted the website never updated to receiving the RFE submission and resume processing. There was no response from USCIS until a second RFE was sent.
2) According to my attorney the second RFE is identical to the first except the officer number that issued the RFE. To my surprise the online website(CRIS) has an updated status for my second RFE issued. There is no mention of receiving, reviewing, denying or requesting lack of evidence based on the first RFE submitted. USCIS did not even reference the first RFE on the second RFE. My second RFE is due in 3 weeks. Now my attorney wants to respond to the second RFE as though the first RFE was reviewed and further evidence is requested. My attorney decided that the best practice is to treat this second RFE as if it is a Notice of Intent to Deny. That means that they have to make any and all arguments to preserve the clients right to argue them on appeal as necessary.
My questions are:
1) Since USCIS never mentioned the first RFE while issuing the second RFE. Is there a mechanism to find out if the first RFE was ever reviewed? This is important since if it was USCIS's error then why submit a second response.
2) what if USCIS made a mistake of issuing a second RFE without acknowledging the first RFE?
3) What is my course of action should be? I am having a difficult time convincing my attorney to provide some options.
4) In my first RFE response we included an expert CPA opinion on ability to pay. Since the second RFE never mentioned the CPA opinion, I am worried that the second response will be a repetition.
Please advice what I should suggest to my attorney to do. I requested that they request an inquiry to what happened to my first response. The attorney said there is no such inquiry mechanism with USCIS. I would appreciate all the help and all the response to this thread. Thank you in advance.
Thank you for taking the time to read my post. I will summarize my pending case and ask the question at the end. Please read patiently.
1) I submitted my initial I140 on June of 2007 and got a first RFE on August the 16, 2007 with a 6 weeks response time. My attorney with the help of the company responded to the RFE with all the evidence requested including an expert opinion of a CPA. Basically the evidence requested was "ability to pay." My company told me that the online website(CRIS) never updated to reflect the first RFE was issued. After the response was submitted the website never updated to receiving the RFE submission and resume processing. There was no response from USCIS until a second RFE was sent.
2) According to my attorney the second RFE is identical to the first except the officer number that issued the RFE. To my surprise the online website(CRIS) has an updated status for my second RFE issued. There is no mention of receiving, reviewing, denying or requesting lack of evidence based on the first RFE submitted. USCIS did not even reference the first RFE on the second RFE. My second RFE is due in 3 weeks. Now my attorney wants to respond to the second RFE as though the first RFE was reviewed and further evidence is requested. My attorney decided that the best practice is to treat this second RFE as if it is a Notice of Intent to Deny. That means that they have to make any and all arguments to preserve the clients right to argue them on appeal as necessary.
My questions are:
1) Since USCIS never mentioned the first RFE while issuing the second RFE. Is there a mechanism to find out if the first RFE was ever reviewed? This is important since if it was USCIS's error then why submit a second response.
2) what if USCIS made a mistake of issuing a second RFE without acknowledging the first RFE?
3) What is my course of action should be? I am having a difficult time convincing my attorney to provide some options.
4) In my first RFE response we included an expert CPA opinion on ability to pay. Since the second RFE never mentioned the CPA opinion, I am worried that the second response will be a repetition.
Please advice what I should suggest to my attorney to do. I requested that they request an inquiry to what happened to my first response. The attorney said there is no such inquiry mechanism with USCIS. I would appreciate all the help and all the response to this thread. Thank you in advance.