Any 485 approvals with I-140 redo RFE?

A

akp

Registered Users (C)
I have seen people getting RFE to redo I-140 due to merger/name change. But I haven\'t seen any approvals after such RFEs were sent. I had sent my new I-140 on July 19th and was received on July 25th. The automated message still did not change. And no good news yet. IIOs tell different answers ranging from a wait from another 4 - 8 weeks.
Did anybody get approved after they redid their I-140? And how long did it take?
Appreciate any information.

Thanks
 
No Title

Hi Akp,

I have the same issue. Details.
PD 6/97, I-485 12/98, FP 5/99, RFE issue by INS on 6/26/00
My stupid lawyer took almost a month to reply to the RFE and he didn\'t even do a new i-140. All he submitted was proof that the federal tax-id of the company has not changed.

INS Rcvd the RFE response on 7/25/00 and took another week to update the message on 08/01/00. I have called the IIOs thrice since and all they tell u is what ever is in the Automated system. When pressed to give more information, they refuse saying they can\'t give that information. I wonder if they are of any use at all. It is just waste of salaries for them.

I have complained about how some other colleagues with the same situation have gotten the approvals and they give this boiler plate answer that every case is different.

I been trying to contact the local senator\'s office and that seems to be equally frustrating. I\'ve been leaving messages for this one person at the senator\'s office who handles the immigration issues for over a week now and I have not heard back. I can seldom get to talk to her in person.

Oh well, I hope I didn\'t bore you folks with my tragic story. Sorry, Couldn\'t help it. I had to just puke it.

Thanks
 
No Title

Internal Audit

I believe till a few months back VSC had been approving I-485s for merger/name change cases on the basis of a letter from the company explaining the situations. Something happended and now they\'ve started asking for amended I-140s causing mork work for everybody, including themselves. I suspect the internal audit they had sometime back probably spotted some such cases and forced the change in procedures. Just my 2 cents worth....

AKP - What supporting documentation did you provide along with the amended I-140 to demonstrate successor-in-interest?
 
No Title

Yes, I am in same boat. Lawyer yet to reply RFE. This whole thing sucks!!! Got 2nd RFE for filing new I-140 even though company
tax id is same. FYI, just company name change -- NOTHING ELSE...

Heard that VSC scrutinizing for Merger/successor-in-interest cases. But my case is not belong to that. Even though they victimized. Lot of my colleages got approvals. So all depends on luck!!!!

I will update.

Good Luck!
 
No Title

What\'s your attorney planning to do?
If you have to file 140 and 485, how much time will it take for the process to complete? Is there any priority?
Are you from Rapidigm?
Thanks
 
No Title

Guys, I am also in the same boat as VSC claims that the EB2 classification issued in Jan 98 was wrong and they want to revoke my case. In the process of filing a response and also planning to file a new I-140 under EB3. Any suggestions or additional time frame this will take. BTW, no issue of name change with my co.
 
No Title

crazyboy--
Did any of your colleague got approval after getting RFE??I am in a similar situation(just got the 1st RFE).
 
No Title

Hi Crazyboy,
Please add my details to the VSC tracker that you are maintaining..
Thanks
venki123,IN,12/18/97,EB2,07/01/99,07/24/99,99-225-5XXXX,05/13/00
 
No Title

hi brar
whats the reason for bumping u off from the eb2 category? can you please give some more insight? do you have a Masters?
jhamal
 
No Title

I 485 approved after RFE for I-140 due to institution merger

Hi all. I was a VSC EB2 NIW (India) with ND 3-17-00. I received an RFE on 6- 23- 00 because of merger of my institution with another large institution (medical institution in Philadelphia). It was received by my lawyer on 6-28-00. It had specifically asked me to submit a new I -140 due to the merger. But my lawyer was adamant that being a NIW case and not LC I could work for any employer as long as I was in the same area and in the same field of work. I was in the same job in the same place since the beginning. Only the name of the institution had been changed.

I suggested to him to file a new I 140 as that was the only request on the RFE. But my lawyer said he was going to write a letter to the INS in repley to the RFE with one other letter from my employer(I dont know what exactly were the words in that letter) I was not convinced that it would work and considered it a further waste of time.The RFE was sent on 7-28-00 and it was acknowledged by INS on 8- 2- 00.

To my surprise my I 485 was approved on 8-10-00 and so was that of my entire family. No further questions or RFE was asked. I even had my passport stamped on 8-17-00 at Philadelphia .

I have no idea what made the difference but being a NIW petition seems to be the reason. This is for the info of all of yuo who have received RFE for new I 140.
 
No Title

Hi Jamal

My labor LCA had asked for BS + 4 years or Masters + 1 year. I got approved for EB2 in July 98 and applied for I-485 in Aug 98. Didn\'t hear anything from VSC till Aug 7, 2000 when they sent me a letter informing me of their decision to revoke my I-140. In Mar 2000 a new notice was issued as per which, BS + 5 is equivalent to EB2 and so VSC is retroactively that ruling to my case. Seems totally out of line and I am in the danger of losing two years of wait in the I-485 que.
 
No Title

Mike, If I undersand correctly the company name change occurred after you filed I485. Does that mean you file I140 again, wait for approval and then file I485 and go through the whole process again, Please explain.
Also, your lawyer submitted proof that Tax id has not changed. Is not that sufficient? Logically, it shouldbe enough.

Lastly was it a merger or only a company name change?

Thanks.
 
No Title

Hi Mike tyson,

Our cases are similar and same RD/ND dates too. Please send me a private mail with your email address. I will contact you through your email
 
No Title

At last, some relief. My lawyer called me and said that my new I-140 has been approved. The lawyer did file a complete new I-140 in response to the RFE. My lawyer received the approval on Friday. The message still did not change. It still says that RFE has been mailed on June 19th. Now it is upto the IIO to approve my I-485. I hope he does not take a month or so to approve. As everything else was checked and accepted couple of months ago before INS issued RFE, I am assuming that as soon as the IIO gets the I-140 approval notice from the other department, he will approve the case.
any thoughts?
 
No Title

Hi akp,
1. Will you pl post how long it took for you to get the new 140 approval.
2. Your company name changed or Merged/Acquired by another company.

Your feedback will be highly appreicated.
Thanks
 
No Title

akp how long did it take for approval of your I-140 redo and where did you file it!Why did you get a RFE to redo your I-140?. ( was it a company merger or just a name change )?
Thanks
 
No Title

My company merged with another big company. This happened after my I-140 was approved with the old company and before I applied my 485 with the new company. So, I received an RFE asking me to redo I-140 with the new company as the petitioner. I received the RFE on June 24th. The lawyer mailed it (RFE and new I-140) back to INS on July 19th. The message is still not updated. I called and talked with the IIO, who confirmed that they received it on July 25th. Last friday (Aug 25th), the lawyer received the I-140 approval notice (I wished it was 485 approval notice). Now it is upto the IIO to approve my 485 case. The RFE said to expect the 485 approval notice anytime between 14-60 days. So, I will guess I should hear something before Sept 25th, at the latest.

Anybody who got approval after I-140 redo, please post - It will surely give all of us some needed boost.

Hope this helps.
 
No Title

If you have to refile I140, will they hold your 485 till your 140 is approved or you have to file a new 485 once your 140 is approved?
VSC is trying to cause as much pain as possible for all the applicants. Other centers doesn\'t seem to care about this at all.

Thanks in advance for your answers.
 
No Title

I think yes - they will hold your 485 till your redo 140 is approved. Because it was a RFE, the I-140 processing will be much faster than the regular I-140 process. For me it took only three weeks to get 140 approved. Now, I am just waiting for the 485 approval. The IIO has nothing else to check within 485 package as he has done that before issuing 140 redo RFE.
No - I do not have to file a new 485. It was an RFE. So, it was added to my existing application. I hope everything works fine and we all get approvals without any more hassles.
Hope this helps.
 
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