Amended I-140 in 485 stage.

H

Henry ForGC

Registered Users (C)
Dear Friends:

I have a question for you guys. We filed an amended I-140 in response to RFE. AVM acknowledged the RD of this I-140 in late December. The AVM also says that it is currently taking 30-60 days to process this kind of case. According to CSC processing time, it is 07/26/01 for EB1 cases. Which one is correct? Do they give priority to amended I-140 cases? It is very confusing.

In the meantime, our 485 cases are pending for 999 days since preliminary steps have been completed, etc.

By the way, my attorney insisted on filing the I-140 in response to RFE for employment verification for our I-485 cases. Don\'t get me wrong, I understand that this is a safe thing to do. It was filed on the basis of "in case an amended I-140 is needed" indicated in the empolyment letter from my employer. There was a company acquisition before the 180 days was completed.

However, I still have a feeling that there will not be any trouble even if we don\'t file an amended I-140 since it was not asked for. The 485 should have been approved by now since my employer gave extensive legal documents to prove that this is a successor-in-interest situation. Stories from many of our friends proved that I-140 may not necessarily be needed. The amended I-140 may have added more complication and resulted in, apparently, longer maybe much longer waiting time.

Does anybody have similar situation or insights? Any information will be appreciated. Not that any thing can help at this time but to wait, it\'s always good to share information with others.

By the way, I like to remind again of the existence of a RFE tracking site that you can use to input and update your case.

http://www25.brinkster.com/vineins/tracking.asp
 
Hi

I was going over ur posting and had a few thoughts

Consider that if a person is in a similar case there r many options

a) Apply for I-140 amendment
b) Do Not apply for I-140 amendment

when I-140 amendment is recd
a) Send it to INS
b) wait for RFE and then send it to INS

if RFE is generated for any reason
add I-140 amendment to RFE papers even if it is not asked for

Do You think our I-485 department gets alerted once a person files for amended I-140

Please post ur comments
 
I will try to answer your questions, RSRGC.

Frankly, I did not completely follow your comments.

Obviously, applying for I-140 amendment is always the safe thing to do. However, I have heard more than one case in which the petitioner/applicant only provided some paper work to explain the situation regarding the company acqusition situation and got the approval.

In my case, after the acqusition (we are acquired by another company), my job title, location, responsibility and salary remained exactly the same. Nothing changed except the company name and Tax ID. I think I have a strong argument for not having to file an amended I-140. The problem is that the law is not clear and our cases are really up to the interpretation of individual officer, as I understand.

Furthermore, when the RFE was issued for employment letter, pay stubs etc., I have passed the 180 day period. According to the theory of some attorneys that are very well know (their names constantly are mentioned on this board), all I needed is an employment letter from the current employer to verify my employment.

I think the most important thing is to get expert legal advice from attorneys that know the particular center\'s practice very well. It is something easy to say but may be very difficult to do.

In my case, the I-140 was submitted as something that is "in case needed", apparently, the officers thought it was needed.

I actually do not understand your question "Do You think our I-485 department gets alerted once a person files for amended I-140". Can you elaborate a little bit?

I think, after all these confusions, that reasoning does not work at all sometimes in the immigration process. What\'s more important is luck. Sometimes qualification of individual applicant under certain category does not even matter much. We have seen so many cases in which a well qualified person gets all the trouble while observing other friends getting all the green lights.

After all, wish ourselves good luck.
 
clarification

when company new acquires company old
and if person is working for Company old
and the tax id and the name is changed to company new
and the person applies for amended I-140
does INS I-140 dept alert the I-485 department ?

Due to the application the I-485 adjudicating officer checks his computer and finds that amended I-140 has been filed and hence issues RFE ?

Do u think INS corellates the two applications or is it pure luck
where some people just get through and others dont and r issued rfe ?

Thanks for ur prompt answer
 
Well, I can only guess.

The acquisition situation that you described is exactly the same as my situation. However, we did not file amended I-140 right away. I was hoping that my case would be approved without a RFE.

I don\'t know why CSC issued RFE for me. Maybe they have a way to check the company acquisition situation. In my case, it wouldn\'t be that difficult. All they needed to do is to get on my company\'s web page using the web address on the company letterhead. I don\'t know they do that or not, this is pure speculation. It may also have been because of the 9/11 or bad economy and they are just issuing more RFE\'s. It may also have been because of the mistakes that my attorney made, which they still would not admit.

The RFE was not for amended I-140, as I indicated before. I believe that we indicated on the new I-140 form that this is related to my pending 485 case and please issue approval at the same time or something to that effect.

I really don\'t know how INS works. However, if somebody does file amended I-140 proactively, I think it is even a good idea to let the INS know that he/she has a pending 485 case. I don\'t think we can expect the INS to check all the pending cases that one has, considering the work load that they have. You have to let them know somehow.

I don\'t know why an officer would want to issue an RFE is he/she sees an amended I-140 application unless there is other issues. The purpose to file an amended I-140 proactively is to avoid a RFE, I assume.

Hope my speculations can help. As always, find a GOOD attorney.
 
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