180 days rule counts with REF cases

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ching132

Registered Users (C)
I got ref on Feb 2001, for redo 140 , my ND for 485 is sept 2000. As my case is not approved yet, can i use 180 days rule now
but i am worried as within 6 months limit you have to get approval, but in my case officer looked into file its not his delay or back log which made him not to approve it. Its company paper work which i have to submit.. Does 180 days rule applies to my case.... what should
i do.... actually i want to take break in my job and look after my child can i do that
 
You are OK

I guess you are OK. In any case it going to be 6 months
(in Aug 2001), since you submitted your RFE response.
Also, the officers are not allowed to reset the clock
by issuing RFEs. If such an exception is made, the INS
would defeat the 180 day rule by issuing RFE every 5 months.
I would like to believe in this argument, because
my case is very much simliar to yours except 485 ND which
was Aug 2000.

Ramesh B
 
I think you\'re OK too.

Since your pass 180 days into your 485 (sept 2000 - March 2001), you\'re pretty safe.

Are you planning to go on unpaid leave to take care of your child?

I tried to go on unpaid leave before my 485 was approved on July 23, 2001. But my company\'s HR didn\'t allow me too because of my H1 status.

I think this is because my employer is huge and they can easily catch INS\' attention.

Anyway, I\'m still thinking that INS has started using AC21 180-day rule. I got an RFE (I-140) too but I never got receipt or approval notice.

In my case, I responded to my I-140 RFE with my I-140 application. Most of the cases I\'ve seen on this board is that they anticipated an RFE I-140 and responded to the I-140 RFE with I-140 receipt or approval notice.

So keep the hope alive. There\'s a strong possibility that AC21 180-day rule is being applied to M&A cases.

Neo.
 
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