Any EB3 recevied RFE for their 485 applications?

D

Dec162003

Registered Users (C)
My PD is not current yet, I am from retrogression affected country, but recevied 4 emails today saying RFE was sent out on April 24th, 2006.

Any other EB3 recevied RFE recently? Are they just pre-processing 485 waiting for visa number being available or this is a good news for me.
 
No RFE yet

I am waiting to see if i receive a RFE.
There were some LUD's on my I-485, my guess is it was related to my EAD/AP renewal.
 
i-485 RFI

My pd is nov 02 and I received 4 emails yesterday saying that they have issued an RFI. Haven't got the RFI's yet, so don't know what they are for.

thanks.
 
Eb3 485 Rfe

Please post details of the RFE here once you receive them, I am going to do the same thing, maybe this is helpful to each other.
 
Did any of you guyz did Bio code 1 recently ? I'm just trying to connect if they are sending RFE's after biometrics are done.
 
NO RFE . check my signature for details .

PD june /2002 EB3 india . Rd July 2003

It will take some more time to analyze the basis on which they are sending the RFE . I believe there will be some pattern , it cannot be random .
 
i-485 rfe

hi guys,
so here are the RFE,s

Myself- 1 . biographic information
2. employment letters
3. New employers abilty to pay. ( I have changed employers).
My lawyer is saying that there is some service memo which says if one uses AC-21 to change jobs then one doesn't need to prove the ability to pay at the i-485 stage. But she is looking into it....Anybody has any experience or thoughts on this. My i-140 was approved without any RFE's.

Spouse: 1. Biographic Info
2. Proof of legal employment status.

Pd- nov 02
EB3
i-485 nd- march 04

Any information would be helpful.
thanks
 
RFE on I-485

I received emails today that says they have sent RFE for myself and my wife's I-485. I/lawyer have to yet to receive the RFE papers. I have given Code 1 Bio recently (3/25) but my wife did not receive the code 1 bio notice.

My Name check is still pending (as of 02/15/06). Did the RFE mean the name check is cleared or is it some kind of pre-adjudication nuisance by NSC?

The e-filed EAD/AP on 3/27 are just approved!! Not sure what is the RFE is about. :mad:
 
sapphire75 said:
hi guys,
so here are the RFE,s

Myself- 1 . biographic information
2. employment letters
3. New employers abilty to pay. ( I have changed employers).
My lawyer is saying that there is some service memo which says if one uses AC-21 to change jobs then one doesn't need to prove the ability to pay at the i-485 stage. But she is looking into it....Anybody has any experience or thoughts on this. My i-140 was approved without any RFE's.

Spouse: 1. Biographic Info
2. Proof of legal employment status.

Pd- nov 02
EB3
i-485 nd- march 04

Any information would be helpful.
thanks
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@sapphire75:

Your lawyer is talking about Yates memo May12, 2005. Refer following links:

http://www.murthy.com/news/n_yatmay.html
http://www.visalaw.com/05may4/2may405.html

From immigration-law.com:
05/18/2005: I-140 Portability and New Employer's Financial Ability to Pay Proffered Salary

* The USCIS AC 21 Memorandum of May 12, 2005 clarifies the policy that when the alien changes employer using AC 21 I-140 portability rule, the new employer does not have to prove anything but "same or similar occupational classification" and the adjudcators should not request or deny I-485 applications based on the new employer's financial ability to pay issue.
 
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me too...

I am from retrogression affected country. My pd is Aug 02 and I received 4 emails last friday saying that they have issued an RFE.
Haven't got the RFE mail yet, so don't know what they are for.

I just noticed recently that the LUD on my 140 had changed twice this year .

I had my biometrics oct'05 (2 fp)
I have been working on my EAD/AP.
Travelled to my home country twice after swithing to EAD.
Have plans to file AC-21 (paper work is done and ready to be sent out)

Here are my details:

PD: Aug 2002
140 AD: Dec 2003
485 RD: Jan 2004
FP1: Jun 2004
FP2: Oct 2003
 
I got the exact same RFI around a year ago, I changed my Job using AC21.

1. biographic information
2. employment letters
3. New employers abilty to pay.
Fulfilled all the requests , LUD changed and I called Customer Support after a few months , she said everything's fine , but my application is shelfed untill VISA numbers are available (I am from India and in EB3)
So this seems to be of common occurrance for those of us who changed our jobs using AC21..
 
Here is my RFE

The documentation submitted is not sufficient to warrant favorable consideration of your petition/application. See attachment for details.

Attachment:

Submit a currently dated letter from your prospective permanent employer describing your persent job duties and position in the organization, your proferred position (if different from your current one) and the offered salary. The letter should be in the origianl and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition continue to exist.

I changed my job once after 485 had been pending for more than a year, didn't file AC 21.
 
Well it's getting clearer every day that they are sending RFE to all those who have used AC21 ... they must have deviced some method by which they are able to figure it out most likely by address change (state or by zip code difference with radius of x miles say x being 100 + )

In coming days we will know more about it .
 
Dec162003 -
How did USCIS know of your job change? IS there any LUD on your 140? Please keep us posted after you reply to the RFE.
I changed jobs about 5 months ago. There is also an address change but the new address is within 15 miles of the old one. I doubt if USCIS goes by the logic of zip codes. Are they that smart? ;) I haven't gotten an RFE yet either. I am planning to send the paper work for AC21 soon. I am waiting on some data from my new employer.

avi101 - The memos may say that but USCIS can ask (for anything) at any time :) I remember seeing such issues in A2P thread.

sapphire75 - I dint understand the "2. Proof of legal employment status" as part of RFE for your spouse. You used AC21. That means you already have EAD and your spouse would have one too. Doesn't it automatically make her employment status legal? What are they asking about? Just about anything? :)

naggi - Can you please let me know (may be thru PM) how you addressed the Ability to pay for new employer issue? I am thinking of submitting this information upfront along with AC21 letter in an attempt to avoid an RFE.
 
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This does not make any sense, they are sending RFE only if they want to verify your employer, there is no way they can find out otherwise or base it on zip code.I have changed my emploer and moved from one state to other state , also i have not and have no intention of informing INS.I am around the same date range but no RFE as yet.
 
@Grandhipal..
In fact, Yates memo is ambiguous in many aspects including ability to pay. Consider this section
"It is also possible that the USCIS examiner can issue a Request for Evidence (RFE) to resolve a "material post-filing issue" such as the employer's ability to pay the prevailing wage and benefits to the foreign national as required by the U.S. Department of Labor. If the case is found to be approvable based upon the RFE response, the examiner must follow the procedures set forth above."


One possible reason for RFE on spouse legal employment status could be if there had been gaps in EADs and they want to make sure that person was not working without valid authorization.

Based on the fact that people are getting RFEs mentioning new employer offer letter even though they have not sent AC21 stuff, it seems USCIS is cross-referencing employment databases, possibly IRS database - tax return would reflect the new employer. But for this you should have changed employment last year. Employer deducts Social Security and Medicare so these are additional databases that they can tap. Zip code theory seems plausible too..you never know.

Did any of you who got "new employer related RFEs" change employment this year?
 
i changed in Jan

i changed employer in Jan 2006. But also, i'm still expecting the RFE to be delivered. BTW, does any one know if they will be mailed to the lawyer or to me? i wonder if my previous lawyer will let me know if he receive's the RFE.
 
It is very important to file G-28 (in addition to AR-11 and notifying USCIS of address change on pending applications) so that all mails get delivered to you or to your lawyer of choice.
Even though I changed employers, I retained the same law firm. The law firm is actually hired by my previous employer. They checked with my previous employer on potential "conflict of interests" before sending me a retainer agreement.

avi101 - I changed employers in Oct 2005. So I have a W2 from previous emplyer and also the new employer for 2005. Lets see how the RFEs go.

shylakish said:
i changed employer in Jan 2006. But also, i'm still expecting the RFE to be delivered. BTW, does any one know if they will be mailed to the lawyer or to me? i wonder if my previous lawyer will let me know if he receive's the RFE.
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