2nd RFE Received!!!

S

Sensor

Registered Users (C)
Hello Friends,

Received my 2nd RFE after submitting employment letter along with my 1st RFE. My company changed its name after I filed my 485.

INS is now asking to file new I-140 as my company changed its name. I request those who filed new I-140 to give their valuable information, in case I need to be careful of something which I am not aware of. Thanks in advance to your replies.

Suri
 
No Title

Must be from Rapidigm or IGate.
I am in a similar problem. My RD is 12/98 and still no approval.
 
No Title

Did you mention that your tax ID was un-changed? So did the
VSC issue a 2nd RFE inspite of that?!! I am in a similar situation,
so I could possibly expect a 2nd RFE. Is it true that the I-140
is now processed faster than the original one? If so, I assume the
485 approval should follow soon. Gurus, please comment.
check
 
No Title

It is becoming a common issue for VSC to issue a RFE to redo 140. I did the same in July and I got the redo 140 approved on August 25th. I am still waiting for 485 approval. You have to file a completely new 140 and send the entire package with the RFE letter. I have seen two approvals with redo 140 - one got the approval in 3 weeks after his lawyer submitted a new 140 and the other after 2 months, but the lawyer in 2nd case explained the situation without applying for a new 140.
In my opinion, it is better to redo 140 and wait couple of months for 485 approval.

akp
 
No Title

Hello,

  I have got 2nd RFE 15 days before asking me to redo I140 since company\'s name changed after filing I-485. But my H1B full 6 year term expires in couple of months. Will it cause problem in my status. Ie since I have to redo my I-140, do I have to leave this
country after 6 years. While I am filing for amended I-140 petition thorugh lawyer, what are the things to be careful about so that I can inform my lawyer.

 I appreciate your help.

Thanks
 
No Title

Do Not worry. Once you apply for 485, you can stay in this country till a decision is taken. The question is whether you can work - if you have a valid EAD or valid H1, no problem - otherwise you cannot work. though you can stay as long as your case is pending.
 
No Title

I did every thing during my first RFE to let INS know that this is just a Name change. My attorney even confirmed with INS officials that it is not required to file I-140. I guess it is pure luck. We can\'t do much. My attorney is now filing new I-140. BTW, I am not from Rapadigm.

The following is what INS say to file new I-140
************************************
A memorandum from the Office of Operations at INS Headquarters dated
December 10th, 1993, entitled "Amendment of Labor Certifications in
I-140 Petitions", states that in order to reaffirm the validity of the
initial labor certification, the petitioning employer must file a new
Form I-140 petition with the Service if the petitioning firm has changed
its name, been bought out, merged, or had a significant change in its
ownership. The successor in interest must continue to operate the same
type of business as the original owner.
**************************************

I hope this helps for those whose companies have been in this situations. I am crossing my fingers.

Thanks
 
No Title

My RD is March, 1999. I got 2nd RFE for I-140on my 485 application.
 I am from Rapidigm. Are you from Rapidigm. If so, can you let me know whether
you are filing I-140.

Could you please respond.
 
No Title

Suri,

Please search this discussion board for memorandum which I have posted earlier on this issue. INS is doing
selective enforcement on some guys. We are the victims of this memorandum. Few guys even got adjucated. Infact it\'s not requried to file new I-140 if company just changes it\'s name. Way back I got 2nd RFE for this. My lawyer hasn\'t answered yet. Waiting for answer from INS.

evidence
 
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Is there any reason for not sending your papers until now? My attoreny has sent mine yesterday. BTW, I spoke to IIO this morning and he mentioned that we have to file amended application. Different people different views.
 
No Title

Evidence,

   Is there any reason , your lawyer is holding the papersfor not responding. I am also in the same status. My lawyer says that , he has sent a letter to INS explaining the company name change. But response to be filed with INS within the time frame specified as per RFE.

  I am from Rapidigm. When is your RFE received.

Thanks
Maran
 
No Title

Suri,

 Could you please let me know whether new I-140 was filed separately, and filing the RFE response with receipt of I-140 (of course after you receive the I-140 receipt) or send the document necessary for I-140 along with fee as part of RFE response.

I am not sure which one is the correct way to do. If I have to follow the first method, I need to get the receipt and file the response to RFE before the 3 months time frame.

Thanks in advance.

Maran
 
No Title

Hi,
I spoke to an IIO a couple of days ago. My details are
EB3, India
PD Aug16, 1996
RD July27, 1999
ND Aug9, 1999

She told me that my case is under review. She however did not commit on how long it takes. Can anybody explain what under review means.

Thank you.
 
No Title

Here is what some on in ISN has posted.
*****************************************
ask your lawyer to file new I-140 under \'expedite on substitution\' clause. your 140 will be approved approximately within 2 weeks.
******************************************

I guess my attorney has filed new I-140 with RFE. That way the officer knows to expedite the 140 process. I have seen couple of people got their approval approxmately in 2 weeks. akp is still waiting.

akp, is there any reason why your case is taking long. Have you spoke to IIO. Did your attorney is in contact with INS?
 
No Title

Suri,

I am still waiting for the approval. I call and talk with the IIO every alternate day, but the same damn answer - No decision has been made yet. They will not give any more information. I do not know what to do. My lawyer will not do anything. He is asking me to wait for them to process, which I think is bullshit. I think my last resort is to go thru a congressman. I got everything ready to send my documents to them.
I had sent RFE back to INS in July and got the redo 140 approval letter in August. Do not know what is the delay.

Thanks
 
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