All respondants to RFE for 140 redo please respond to this message

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From what I gathered from my lawyer, they first send the applicaton for amended I-140 (probably with a copy of RFE) and when they get a receipt back from VSC (with a new EAC), they send that receipt as a response to the RFE (without waiting for I-140 approval).

Could you please confirm that your lawyers are not waiting for the receipt to send the RFE response? (In other words, the RFE response is just filing the I-140??)

Thanks.
 
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I agree with Mr.Suri.I did the same thing.(sent everthing together.(RFE, I-I140 amend). (basically my lawyer did!).
Thanks
 
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So, Aqualung, are you saying that you filed an amended I-140 before you got the RFE asking for an amended I-140 i.e. in anticipation of getting an RFE for the amended I-140? Or, are you saying that you got an RFE to do an amended RFE but decided to first file the new I-140 and once you get the EAC #, provide that as a response to the I-485 RFE?

I was a little confused by your last two posts, because like AKP and Suri I am redoing the I-140 as a response to the I-1485 RFE, and sending the whole thing back together as a single package.
 
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hi despo ...

i\'ve filed for an amended i-140 in anticipation of an rfe (in my case my old i140 and my i485 carry two different names due to acquisition). my lawyer says depending on when the rfe occurs, they\'ll either respond with a receipt of the filing or (if the rfe occurs after my 2nd i140 is approved) with the approval of the new i-140.

my colleagues, who got an i-140 redo and use the same company lawyer, first filed for the i-140 on receiving the rfe. later, when they got back a receipt from vsc for that i-140, they sent that receipt as a response to the rfe. most of this has happenned only recently (last 2-3 weeks) and we haven\'t heard of any approvals yet.

from your posts, it looks like you are sending the filing for i140 as a response to rfe. your approach should be faster than what my company lawyers are doing ... the approach of my lawyers takes anywhere from 1.5-2months, from the notice date of rfe, before a response to the rfe is received by INS.

The worst thing is my lawyers say if my i140 is approved before I get an RFE, they still won\'t send it to INS to be included in my 485 file but instead send it only if they receive an RFE. It\'s just very frustrating to see the extent to which these lawyers will go to procrastinate your case!! :-(
 
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Hi Aqualung,

From whatever I\'ve researched I think you strategy is sound. Only a couple of comments:
- Since you submitted an I-140 without an RFE, it would be useful for you to seek expedited processing under the \'EXPEDITE on SUBSTITUTION\' category lest they treat your I-140 as a regular one and thus it take a normal course of six months or whatever VSC is taking nowadays for I-140s. If you have already indicated that on the application that\'s fine, and if not, then talk to your lawyer about seeking expedited processing post-submission.
- There was a memorandum from INS HQ (also called the Pearson Memo)clarifying that the service centers can accept subtitution I-140s for I-1485s which are pending. Once you get your I-140 approved, you may want to convince your lawyer to send the approval to VSC requesting a substitution. Do a search on Shiela Murthy\'s website on Pearson to see the contents of that memo.

Good luck.
 
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mucho mucho gracias, despo. you have given me couple of really good leads.

BTW, do you know if we can somehow short-circuit the lawyers and indicate to INS directly that an amended I-140 has been filed/approved and that it should be included in my I-485??
 
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Guys,

I am afraid, VSC has slowed down on 485 Processing. I used to see Approved, Approved... Until end of sept. Now I see only one or two. Any body feels the same.
 
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With this new law, I am wondering how INS is going to treat if a person takes up a new job after 180 days and the applicant receives a RFE asking for employment letter.

My guess is that there won\'t be any request for employment letter. Applicant\'s will still get RFEs on random basis requesting for TAX returns, pay stubs and other.

What do you say?
 
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In the worst case, (and God forbid this should ever happen),...

 INS may issue an RFE to prove employment with the employer who filed your 485, after the application for AoS has been waiting for over 180days. If they find change in employment, they might issue another RFE to redo I140 with the new employer. Essentially, continue with their current practice, except now it is almost backed by the law and will happen for almost all cases, since no one ever got approval in 6months in last 3-4 years.

This is just a speculation ... and I hope/pray this doesn\'t really happen.
 
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I am planning to call INS tomorrow to inquire on why they didn\'t send me any I-140 redo receipt notice. As I mentioned, after requesting IIO to find out on my last name, IIO told me that they have entered my data on 29th Sept.

Some people received notice. I wonder, does anyone out there who didn\'t receive any sought of notice after responding to the RFE for I-140 redo.
 
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Suri ...

As long as you have a case# you should be ok. What you might be interested in knowing is when your I-140 will get processed/approved, whether it is being handled expeditiously.
 
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