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140/485 Approved - ND Apr 2003
- Thread starter da_best
- Start date
GC_GoneCase
Registered Users (C)
RFE staus updated without replying to RFE
What could be reason for this update?
Could it be some internal RFE?
485 is also updated although no change in status.
My RFE was issued on June 15. Attorney has not received it yet but the status shows response to RFE received on June 22, in 7 days time.yeppo said:Congrats !!!
My RFE was issued on June 16. Lawyer has not yet rcvd anything. When do you guys think I should start doing something and if so what.
Thanks in advance..
Yeppo
What could be reason for this update?
Could it be some internal RFE?
485 is also updated although no change in status.
Clarifications ...
I will try to answer all questions if not feel free to shoot again
Mine was EB2.
FP was done on 26 Feb
Till Yesterday my case status was reading FP notices were sent to appear for Finger Printing.
140 Rfe (W2, 2002 and 2003, Educational Evaluation I have B.Tech Computers, Company ability to pay (My company has 350 consultants around 30 Million Revenues, revenues were doubled last year.)
I wish all speedy Approvals.
I will try to answer all questions if not feel free to shoot again
Mine was EB2.
FP was done on 26 Feb
Till Yesterday my case status was reading FP notices were sent to appear for Finger Printing.
140 Rfe (W2, 2002 and 2003, Educational Evaluation I have B.Tech Computers, Company ability to pay (My company has 350 consultants around 30 Million Revenues, revenues were doubled last year.)
I wish all speedy Approvals.
GC_Gonecase,
When your rfe was issued did it read like this (apart from date of course !!!):
On June 16, 2004, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 14 days have passed and you have not received the notice, please call the National Customer Service Center at (800) 375-5283
Anyway good to hear that it responded to itself (like a self correcting program !!!).
Yeppo
When your rfe was issued did it read like this (apart from date of course !!!):
On June 16, 2004, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 14 days have passed and you have not received the notice, please call the National Customer Service Center at (800) 375-5283
Anyway good to hear that it responded to itself (like a self correcting program !!!).
Yeppo
yeppo..a suggestion
a similar incident happened with one case of my sponsoring company. Both attorney and the employer didn't receive it even after 3 and half weeks. Employer had to call and request for a RFE copy, which came by within 3 days.
you may have to try this route.
a similar incident happened with one case of my sponsoring company. Both attorney and the employer didn't receive it even after 3 and half weeks. Employer had to call and request for a RFE copy, which came by within 3 days.
you may have to try this route.
GC_GoneCase
Registered Users (C)
yeppo said:GC_Gonecase,
When your rfe was issued did it read like this (apart from date of course !!!):
On June 16, 2004, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 14 days have passed and you have not received the notice, please call the National Customer Service Center at (800) 375-5283
Anyway good to hear that it responded to itself (like a self correcting program !!!).
Yeppo
Yeppo,
Yes, it exactly read like that. The date was June 15 in my case.
My 140 case has been updated everyday in last 3 days e.g. June 23, 24 and 25. 485 was updated on June 24 only.
I am sure something is going on with my case as it is getting updated everyday.
GC_GoneCase
Registered Users (C)
rajudm said:may be you are close to getting approved all in one go....Your AC21 stuff might have worked.
when the date gets updated without any status change do you get an e-mail. Or did you find out about it when you were checking the case portfolio list.
rajudm,
The date is getting updated but I got email only on June 23 for receipt of reply to RFE ( Which is not yet received by attorney or the employer).
I am finding the date updates from the case portfolio.
AC21 working in my situation is a very very long shot. It is possible that they are working to deny the case ( I do not know if they have to work so much to deny one), or may be they are confused with what to do with AC21 letter.
I think chance of approval is less than 1%. Infact, no attorney agreed to take up my case saying AC21 cannot be used without 140 approval. I have been sending all stuff to USCIS at my own. Why to lose it without fighting?
GC Case following might have happened
They received Ac-21 letter and thought its response to RFE , they updated I-140 LUD and sent u email.
Then since Ac-21 is related to I-485 they updated that date too.
Then on June 25 th they found that Its not RFE reply and so they updated only I-140 as RFE was for I-140 .
They received Ac-21 letter and thought its response to RFE , they updated I-140 LUD and sent u email.
Then since Ac-21 is related to I-485 they updated that date too.
Then on June 25 th they found that Its not RFE reply and so they updated only I-140 as RFE was for I-140 .
GC_GoneCase
Registered Users (C)
user850 said:They received Ac-21 letter and thought its response to RFE , they updated I-140 LUD and sent u email.
Then since Ac-21 is related to I-485 they updated that date too.
Then on June 25 th they found that Its not RFE reply and so they updated only I-140 as RFE was for I-140 .
That is possible. However, I sent the AC21 letter on May 4, 2004 which is almost 50 days back. I am sure they would have got it long time back but you never know what way USCIS works.
Why so much time and paperwork
I donot understand why uscis needs so many steps and time for GC and why it is so employer specific instead of being specific to beneficiary.
Most People aspiring GC are working in USA for 5-6 years , may be for different emlopyers but all of us have paid taxes for USA and , all employment based people have degrees and i am sure every one has good background.
They can check all this info connecting to IRS and other authorities .
Every time due to change of employer due to bad economy or bad employer we have to refile GC , stay away travelling to home country due to silly paperwork ( keep worrying of missing the FP notice etc.)
What do u guys say and what can be done ?
I donot understand why uscis needs so many steps and time for GC and why it is so employer specific instead of being specific to beneficiary.
Most People aspiring GC are working in USA for 5-6 years , may be for different emlopyers but all of us have paid taxes for USA and , all employment based people have degrees and i am sure every one has good background.
They can check all this info connecting to IRS and other authorities .
Every time due to change of employer due to bad economy or bad employer we have to refile GC , stay away travelling to home country due to silly paperwork ( keep worrying of missing the FP notice etc.)
What do u guys say and what can be done ?
User850 -- your questions answered
OMBUDSMAN Khatri's report to congress has answered all of your questions. To reduce fraud there will be an upfront interivew before accepting EB GC applications. It will be implemented in future.
When the processing time is less than 6 months for I485--- having job and ability to pay wouldn't come into picture. The interview process will be pre-certification of company's credentials and the beneficiary's eligibility check. A very good move on USCIS part if they implement.
My opinion regarding 'ability to pay'---- it should have been 'ability to earn'. An employee should be able to earn than get paid. The potential of 'ability to earn' can be established by the past employment history.
OMBUDSMAN Khatri's report to congress has answered all of your questions. To reduce fraud there will be an upfront interivew before accepting EB GC applications. It will be implemented in future.
When the processing time is less than 6 months for I485--- having job and ability to pay wouldn't come into picture. The interview process will be pre-certification of company's credentials and the beneficiary's eligibility check. A very good move on USCIS part if they implement.
My opinion regarding 'ability to pay'---- it should have been 'ability to earn'. An employee should be able to earn than get paid. The potential of 'ability to earn' can be established by the past employment history.
GC_GoneCase
Registered Users (C)
Ability to Earn - way to go
rajudm,
I liked your idea of "ability to earn". Actually, that is what matters in real term. If we are qualified, experienced and have been earning well in past, why should the employer matter? Most of us can find n number of employers with better pay but this silly GC processing clauses keep us from doing so and the employers take full benefit of it.
And if employer is not doing well, why the person who can find another job quickly should suffer?
I wish you were in the panel deciding on GC process procedure.
rajudm,
I liked your idea of "ability to earn". Actually, that is what matters in real term. If we are qualified, experienced and have been earning well in past, why should the employer matter? Most of us can find n number of employers with better pay but this silly GC processing clauses keep us from doing so and the employers take full benefit of it.
And if employer is not doing well, why the person who can find another job quickly should suffer?
I wish you were in the panel deciding on GC process procedure.
GC_GoneCase....Yes 'ability to earn'
This is based on my experience through Canadian and Australian immigration process where I successfully navigated without an attorney. I was able to get the Canadian residency within 5 months (1993), and the Australian immigration (1992) in 3 months.
Here I am with 2 Masters, a Phd and fighting with this guys for classifying me in EB3. On top of that 'ability to pay' issue is going to be the killer for me.
We pay thousands of dollars to legal people to tell us what to do. The moron who took my case didn't advise me about transferring my H1 to the sponsoring company when labor was filed. If I had transferred, there wouldn't have been any 'ability to pay issue'. It is very costly lesson for me if I140 gets into trouble. Hope the adjudicator uses some common sense based on our best RFE response from a better attorney.
I am nervously waiting to see the result (stakes are very high....a potential $3000 loss for wife and son to get H4 Visa in Australia).
This is based on my experience through Canadian and Australian immigration process where I successfully navigated without an attorney. I was able to get the Canadian residency within 5 months (1993), and the Australian immigration (1992) in 3 months.
Here I am with 2 Masters, a Phd and fighting with this guys for classifying me in EB3. On top of that 'ability to pay' issue is going to be the killer for me.
We pay thousands of dollars to legal people to tell us what to do. The moron who took my case didn't advise me about transferring my H1 to the sponsoring company when labor was filed. If I had transferred, there wouldn't have been any 'ability to pay issue'. It is very costly lesson for me if I140 gets into trouble. Hope the adjudicator uses some common sense based on our best RFE response from a better attorney.
I am nervously waiting to see the result (stakes are very high....a potential $3000 loss for wife and son to get H4 Visa in Australia).
rajudm is right
Yes that way they should be more concerned of beneficiaries skills and his ability to earn and switch jobs ( as the main concern is GC holder should not become public burden ) .
This all sounds good but are we who are struggling right now going to benefit of these ideas ???
BTW whats this term OMBUDSMAN ?? What are his/her duties /responsibilities related to immigration ?
Can we flood some that authorities email with such ideas?
Yes that way they should be more concerned of beneficiaries skills and his ability to earn and switch jobs ( as the main concern is GC holder should not become public burden ) .
This all sounds good but are we who are struggling right now going to benefit of these ideas ???
BTW whats this term OMBUDSMAN ?? What are his/her duties /responsibilities related to immigration ?
Can we flood some that authorities email with such ideas?