140 pending with reply to RFE. 2nd EAD?!?

[FAQ]

Hi All,

I have my I 140 pending with NSC since 9/12/2005 (responded to RFE Ability to Pay) and there are no updates. Now my EAD (and my wife's) is expiring in 3rd week march'06. I read in the forum that when you apply for EAD extension there will be some activity in I 140. Is this true? Will they check the pending case before approving the EAD/AP? Any thoughts?

Please see my signature for details.

TIA

 

[atulh]

Hi All,

I have my I 140 pending with NSC since 9/12/2005 (responded to RFE Ability to Pay) and there are no updates. Now my EAD (and my wife's) is expiring in 3rd week march'06. I read in the forum that when you apply for EAD extension there will be some activity in I 140. Is this true? Will they check the pending case before approving the EAD/AP? Any thoughts?

Please see my signature for details.

TIA

=====================
Yes, they will check the status of the I140, before any decesion is made on the EAD. When did you respond to the RFE, it is not clear from your message above, is it 9/12/2005 ? If it is then you should be concerned and talking to your lawyers.

Here's what had happened in my 1st GC case, so that it gives you a prespective and you take steps before its too late :

Responded to my RFE - Ability to Pay on October 2003, did not hear anything on the RFE, except for the message change stating they received the RFE repsonse and the case is being processed. Applied for my 2nd EAD in January 2004, waited till March 2004, nothing moved either on the I140 or the EAD renewal. Finally, May 2004 went to the local office to apply for the Interim EAD, was told that my I140 had been rejected and hence a EAD cannot be issued. When asked for the date of rejection was told, it was done in December 2004 and unfortunately INS has missed sending out a rejection letter to the applicant and hence a new letter will be issued with the same effective date but the grace for 5 months will be given to the applicant to react. By this time it was too late, my company did appeal to reopen the case , but I had lost hopes. I changed my company and re applied with the new company. the details from my signature are for the 2nd GC application.

Good luck !!!

 

[FAQ]

Atulh,

Thank you very much for your input. I will talk to my attorney and push him to talk to USCIS.

Yes, my responce to RFE was on 9/12/2005 and there is no further LUDs.