Ap Rfe

P

pashwin

Registered Users (C)
My I-140 was filed on June 06,2004 and I-485 was filed June 28, 2004.
Both I-140 & I-485 are pending. Can anyone help me in answering the following RFE. I do not have an attorney.

Thanks,
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This office is unable to complete the processing of your I-131, Request for Advand Parole, until evidence of an approved underlying petition is submitted.

Upon search of the Service system, there is no evidence there is an underlying I-140 or I360 on file to warrant a valid I-485, application to Adjust status, that would make you eligible to receive advance parole. The burden of proof lies on you to prove eligibility for Advance Parole.

Please provide a copy of the 797 approval notice for an approved I-140 or I-360 petition, OR you may provide the SRC# of the I-140 or I-360 if a 797 is unavailable. Officer #398
 
Send 140 receipt copy

It is not so uncommon for USCIS to ask for the I-140 receipt again while adjudicating AP. Just send the copy of I-140 receipt you received and your AP will be approved.

will_get_there
 
Thanks will_get_there ,
Do i have to explain the basis of eligibility too? or just enclose the receipt notice for I-140 along with a cover letter.

Thanks,
 
REF date

Hi Pashwin,
I saw that you got your letter of REF now. Unfortunately I don't have the answer for you. Maybe I am in the same boat. I still have not heard anything from my attorney about my I131 REF. Can you share the date of your I-131 REF?
Mine is July 22.

Thanks.
 
hello,
my AP rfe is Aug 05, 2004 and it was mailed out on Aug 10 th to my old address despite an address change on july 25th. the post office forwarded it to me and i got the rfe.

However i did not get the EAD RFE as of yet . EAD rfe date is july 25th
 
797 is a receipt notice ...

Pashwin,

The 797 mentioned in the RFE is a receipt notice form. You should look into your 140 receipt and it will have "797 Receipt Notice" written on it. Just send a notorized copy of that notice and you should be fine. Also as a precautionary measure send the notarized copy of your 485 receipt notice.

will_get_there
 
will_get_there,
Thanks so much for your responses. I am also considering sending the 5 pages of the federal register which mentions eligibility to file I-131 while I-140 and I-485 is pending. DO you think this will be useful or will it crank up the officer?

Thanks,
 
I-131 Ref

Pashwin,
My REF finally arrived. It is asking for an extra photo ID. It looks easier to respond.

ATL10Again
 
Hello,

I am new to this form, and preparing my self for the 140/485 stage. Is 797 H1-B approval notice ?


will_get_there said:
Pashwin,

The 797 mentioned in the RFE is a receipt notice form. You should look into your 140 receipt and it will have "797 Receipt Notice" written on it. Just send a notorized copy of that notice and you should be fine. Also as a precautionary measure send the notarized copy of your 485 receipt notice.

will_get_there
Click to expand...
 
Glad to see the folks from ATL DOL helping out eachother here too :)
I am about to join the 140/485 boat too as my ATL labor has cleared.
 
HI GC_SC
how long it took for you atlanta labor to be approved(State ==? and regional ==?) is it RIR or Non-RIR
Thanks
 
My labor went to Atlanta in April 2003 and I got approved on 17 Aug ' 04. I had applied under RIR.
 
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