Correction of a Misplaced RFE?

C

confwond

Registered Users (C)
Hi,
First I'd thank you all for the info you've been providing.

I have applied concurrently for I-140 and I-485 as E1 in November 2004. Got my finger prints done on March 2005. Then got an RFE on special registration (NSEERS) in June 2005. The RFE was sent with the code of the I-485 (Src#). We replied to the RFE with the proof of registration. In the case status, my 485 shows that USCIS acknowledges the receipt of the reply and will answer with a decision. The I-140 status shows however that they are waiting for a reply for the RFE. Although this is the very same RFE.
With the laywer, we replied (in a status inquiry) that we did send the reply for the RFE and that it is the same one USCIS acknowledges in I-485. In fact it looks like USCIS sent us the RFE with the src# of I-485, instead of that of I-485. After every status inquiry we make, LUD changes in USCIS case show that USCIS receive the inquiry...But they keep the same message: RFE in 485 acknowledged. RFE in I-140 not received yet. It's been like this after several inquiries in 4 months!
I don't know how to pinpoint to USCIS official that he should read the reply and make the correction. I am concerned this situation may last long time and may not be fixed.
Did anyone have/seen such a situation? And what would you suggest to do?
BTW, I am not effected by the retrogression.
Thanks in advance.
 
I believe if your attorney has already responsed the RFE then wait and keep checking online status(not necessary it would change) and in keep in touch with attorney too.

Retrogression and your case:

It seems you are not from most affected coutnry (India,china) by retrogression. Now a days YES all countries are affected by retrogression.

If you are from "Other country" than (India,china,philp,Mexico) than your PD would be Mar-01 its mean if your Periority date(the date since ur Labor certificate process started) is less than mention on state.gov visa bulletin then your case will be considered to Adjudication.

If you PD is greater than Mar-01 than case will need to wait untill Visa bulletin date passed your PD or other mean you PD date become current.

Good Luck
 
Last edited by a moderator:
Thanks PoJ,
I haven't gone through the Labour Certificate stage as my application is of type EB1. If I understood correctly, for my type of application and country of citizenship, there are still available visas, so I thought retrogression wouldn't effect my case. Maybe I am wrong? Am I missing something?
 
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