Sent out (2nd) I-140 app on May 1, 2001
ching132,
My lawyer sent out the (2nd) I-140 application as a response to my RFE (I-140) on May 1, 2001. We did this because we were instructed to do so in the actual RFE notice.
Here\'s the actual wording of the RFE notice:
"A review of your application reveals that one of the following conditions may exist regarding the petitioner:
1. The petitioning employer is no longer the intended employer.
2. There is a change of employer
3. There has been a spin-off, merger, or change (successorship) of ownership.
Recently, “The American Competitiveness in the Twenty-First Century Act of 2000 (AC21)” was signed into law. This Act allows for a change of employer or successorship of interest on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition. Although the new statute effective upon enactment, the California Service Center has not yet received regulations or guidance from INS Headquarters on how to process these cases. Therefore, we have been advised to hold these cases in abeyance pending issuance of such guidance and regulation. It is expected that an interim rule will be published sometime in January 2001 and will be effective 60 days after publication.
If you would like the Service Center to process your case using pre-AC21 guidelines and bypass having your case held in abeyance, we are willing to do so. In this instance, a new/amended I-140 petition for the application must be filed with the appropriate fee. Submit the new I-140 attaching the enclosed blue I-797 coversheet. Please respond with your choice of action so that we may continue processing your application accordingly."
An yes, that\'s the only RFE I got for 485.
My details:
WAC-01-027-XXXXX
PD: 12/15/1997
RD: 10/27/2000
ND: 11/09/2000
RFE (I-140): 4/7/2001
Reply-to-RFE: 5/1/2001
Never received I-140 receipt notice.
485 AVM update: 6/20/2001
AD: 7/23/2001 (checked AVM just now)
Neo.
ching132 wrote:
You got Rfe only for 140 amend + any thing else... why did you send 140 application form of 140 without approving you 140
which they asked for.....
Neo.