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That means an RFE has been generated on your i-485 application on the specified date. Usually, RFE\'s are generated after FP when your application is ready for adjudication. This is surprising because you mentioned that you haven\'t yet done your FP.
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You will definitely get the chance to defend yourself. And as you probably know, 245(i) has now been extended by 4 more months. So, you can definitely use it if you get a denial notification before the renewed deadline for 245(i) expires.
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245(i) covers all immigrants who are either currently out of status or have been out of status at one point in time. The main beneficiaries are those who cannot leave the country because based on the duration of their illegal status, they are barred to re-enter for 3 to 10 years.
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Usually there are 5 main reasons -
1. Out of status for a period of time OR
2. Unauthorized receipt of money from an employer without INS approval OR
3. Abrogation of a supporting document, i.e., revoking of the i-140 on the basis which the i-485 application was filed OR
4...
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That is totally wrong. Labor does not have category attached at all. Category is specified only at the time of i-140. In lay man\'s terms, labor is done to prove that there is no available American citizen or permanent resident who is qualified for the position and agrees to accept the...
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This seems like a silly mistake on the part of INS. I am positive, it will be resolved as soon as pointed out. I\'ve heard of multiple such mistakes and all of them got resolved pretty quickly. Best of luck. Hope, you get your approval soon.
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Usually it takes about 5 - 7 business days for the INS to record the receipt of RFE after the letter is physically delivered to them. My RFE response was delivered to VSC on the 25th of April and the AVM says, "... received on May 3rd...".
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I don\'t really know what else can you do to keep your application pending at this point, especially after having completed the FP. I would strongly recommend you to consult a good immigration attorney right away.
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single, look at the post I did a few days earlier. It clearly explains the situation and options -
http://www.immigrationportal.com/WebX?14@@.ef3036e/1
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A lot of information is available on the INS official web site. Some other useful site are -
http://www.usvisanews.com
http://www.fragomen.com
http://www.immigration.com
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Pay stubs are asked primarily to confirm that the person is currently employed and will not be a public charge. Pay stubs from the other employer is fine as long as the sponsoring employer is ready to give you a prospective employment letter. For this, the 180 days rule (2045) does not...
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Remember, GC is for a future job. As long as your sponsoring employer is ready to give you a prospective employment letter in case of an RFE, you are very safe to join another company. I would, however, recommend talking to an attorney.
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My RFE was received by VSC on May 3, 2001 and I talked to an iio the following week. I was told to call back in 3 weeks if I do not get a response by then. But please note that these iio\'s are mere call center reps and they do not really have much of an information about timelines...
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Yes, my case was similar. The only difference is that my wife\'s SSN card doesn\'t say \'Valid for work\' instead it says \'Valid for work only with INS Authorization\'. My wife got her H1 approved but never joined the company due to pregnancy. In the mean time my i-140 got approved...
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