485 RFE Help!

G

gcwaiter66

Registered Users (C)
EB2, RIR
PD: OCT/03,
140/485 RD: JAN/05,
140 AD: FEB/05.
FP done 05 AUG 05.
LUD changed on 05 Aug, 08 Aug, 17 Aug, 18 Aug.

got RFEs for both me and my wife on 17 AUG 05.

Quetions:

1. After FP, if you get RFEs, does this mean FP and name check are cleared by now? (Assuming the RFEs are not FP related)
2. When the lawyer sends the requested documents back to TSC, is it better to send two separate packages for me and my wife respectively, or we should put the documents into one package? Should it be trackable mail like DHL or Fedex? .
3. Should I expect approvals soon after INS acks the receipt of RFEs (like within a few weeks), since this is in EB2?

Thanks in advance for your help.
 
Likely everything else has cleared!!

Hopefully you will get approval within a month! Smile!!! things are looking up for you :D :D :D
 
gcwaiter66 said:
EB2, RIR
PD: OCT/03,
140/485 RD: JAN/05,
140 AD: FEB/05.
FP done 05 AUG 05.
LUD changed on 05 Aug, 08 Aug, 17 Aug, 18 Aug.

got RFEs for both me and my wife on 17 AUG 05.

Quetions:

1. After FP, if you get RFEs, does this mean FP and name check are cleared by now? (Assuming the RFEs are not FP related)
2. When the lawyer sends the requested documents back to TSC, is it better to send two separate packages for me and my wife respectively, or we should put the documents into one package? Should it be trackable mail like DHL or Fedex? .
3. Should I expect approvals soon after INS acks the receipt of RFEs (like within a few weeks), since this is in EB2?

Thanks in advance for your help.
Click to expand...


I have no clue about your first question.
Your attorney should know how to do that. But I guess the documents should be in separate packages. There is a gold cover sheet for each RFE notice. It is requested to return the cover sheet together with the documents. So the package received by the INS can be quickly routed to the assigned officer. My attorney sent these documents via certified mails.
As for your third question, I am eager to know too. We will never know until we receive the real approvals. Good luck to us all.
 
Answers ...

gcwaiter66 said:
EB2, RIR
PD: OCT/03,
140/485 RD: JAN/05,
140 AD: FEB/05.
FP done 05 AUG 05.
LUD changed on 05 Aug, 08 Aug, 17 Aug, 18 Aug.

got RFEs for both me and my wife on 17 AUG 05.

Quetions:

1. After FP, if you get RFEs, does this mean FP and name check are cleared by now? (Assuming the RFEs are not FP related)
2. When the lawyer sends the requested documents back to TSC, is it better to send two separate packages for me and my wife respectively, or we should put the documents into one package? Should it be trackable mail like DHL or Fedex? .
3. Should I expect approvals soon after INS acks the receipt of RFEs (like within a few weeks), since this is in EB2?

Thanks in advance for your help.
Click to expand...

Answer to question 1 - Getting an RFE does not guarantee that FP and Name Check has been cleared. I have known people who have been waiting for approval for 7-8 months after replying to an RFE. One person found out that everything was fine with his case inlcuding the RFE response but the Namecheck was still pending and they could not approve his case because of that. Basically an RFE does not gurantee that everything else is in order. My wife had a RFE on her case in April and we are still waiting.

Answer to question 2 - Ask your lawyer about this. I have no clue.

Answer to question 3 - Most cases get approved within a month of RFE receipt ack but there are always exceptions. We have been waiting for 7 months now (3 months when the EB3 dates were current). Hopefully your case will fall under the 80% and you will see your approval soon.

regards,

saras
 
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485 RFE help

my lawyer got the RFEs finally. it is about legal status (evidence of nonimmigrant status). the followings are requested:

1. Form I-797 Approval Notice ( I was on F1 then H1B, im still in the first three years of H1B. I applied for OPT right after school and got the EAD card for that, but didn't use it since my H1B came before EAD did, so i will submit H1B approval notice(I-797) and the copy of that EAD card.

2. Form I-20, front and back. I have two I-20s, since I went out of USA in the middle of my school, I had to get a new I-20 to apply for visa. I will sumit both of them

3. Form I-94, I have three I-94s, right now I have the copies of only two of them, first and third, i had the second one for only 3 months, and do not have a copy. I will submit the two ones that I have.

do you guys think this is gonna be okay? what else do i need? also, i saw "lk/151" on the left bottom of the RFEs, is this the number of the officer who is in charge of my case, if so, does anyone have any experiences with this officer?
 
visa stamps on your passport

In my RFE, I was also requested to provide copy of visa page on my passport with immigration stamp to show my legal entry to the U.S..

gcwaiter66 said:
my lawyer got the RFEs finally. it is about legal status (evidence of nonimmigrant status). the followings are requested:

1. Form I-797 Approval Notice ( I was on F1 then H1B, im still in the first three years of H1B. I applied for OPT right after school and got the EAD card for that, but didn't use it since my H1B came before EAD did, so i will submit H1B approval notice(I-797) and the copy of that EAD card.

2. Form I-20, front and back. I have two I-20s, since I went out of USA in the middle of my school, I had to get a new I-20 to apply for visa. I will sumit both of them

3. Form I-94, I have three I-94s, right now I have the copies of only two of them, first and third, i had the second one for only 3 months, and do not have a copy. I will submit the two ones that I have.

do you guys think this is gonna be okay? what else do i need? also, i saw "lk/151" on the left bottom of the RFEs, is this the number of the officer who is in charge of my case, if so, does anyone have any experiences with this officer?
Click to expand...
 
RFE about legal status with I-140 approved (NIW and extraordinary) and pending I-485

Dear friends:

I noticed recently TSC asks for legal status, employment letter etc for I-485 approval.

My 6 years limit of H1 will expire on 4/25/06. I have approved I-140 and pending I-485 receive date July 2004.
I got my employment authorization but I didn't use it as I have had valid H1.
My question is if my H1 expires, lets say in October 2005, Will I become out of status? Does it cause any problem for my pending I-485 approval? Can I work only on EAD and not being out of status? or Do I have to renew for H-1B extension (as back up) during I-485 pending? Should I remain in H1b status all the way until I receive my green card.


Appreciate your help.
 
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