Could an RFE usually mean the worst.

P

puneet_gcard

Registered Users (C)
Have their been any cases where the Green card has got cancelled during I-485 RFE. Something was needed and it wasnt provided.

Or maybe the Labor Certification was not valid at all and DOL just made a mistake.

Could anything like this cancel the Green CARD totally. Please share any info if anyone has heard of this scenario.


Thanks and Regards to all !!
Puneet
 
485 cancellation during RFE

Never heard of that before. Where did you get this rumor from ?
Most likely for the scenarios that you gave, case will be transferred to local office unless you did not respond during the timeframe specified.

If you download the testimony/deposition of Mr Pierre (located at this forum)
and you jump to page 18 you'll find out his explanation of all possible reasons of transfer to local offices. These could be : criminal records, suspicion of fraud, or some info needs to be verified in person, ....etc.
 
sinting said:
Never heard of that before. Where did you get this rumor from ?
Most likely for the scenarios that you gave, case will be transferred to local office unless you did not respond during the timeframe specified.

If you download the testimony/deposition of Mr Pierre (located at this forum)
and you jump to page 18 you'll find out his explanation of all possible reasons of transfer to local offices. These could be : criminal records, suspicion of fraud, or some info needs to be verified in person, ....etc.
Click to expand...

Firstly let me clarify. This is not a rumor. Just a thought in my mind to see if anyone has got 485 rejected due to mistakes in the way it was filed. Maybe it is a weird thought but I thought I would ask anyway.
 
Same has crossed my mind as well. Worse, I thought I got rejected/denied and didn't get the notice since there was a 19 months silence. Now I'm waiting for this inquiry result to arrive by mail, and they I'll know.
 
npnjan02 said:
Same has crossed my mind as well. Worse, I thought I got rejected/denied and didn't get the notice since there was a 19 months silence. Now I'm waiting for this inquiry result to arrive by mail, and they I'll know.
Click to expand...

But did they send you an RFE at all. Or did you initiate an enquiry since it has been so long ?
 
puneet_gcard said:
Firstly let me clarify. This is not a rumor. Just a thought in my mind to see if anyone has got 485 rejected due to mistakes in the way it was filed. Maybe it is a weird thought but I thought I would ask anyway.
Click to expand...

I-485 does not get rejected in one shot. It has its own procedure. USCIS needs to send "intent of deny" notice. If petitioner fails to response within timeframe or the response is inadequate, USCIS will reject 485. Then petitioner has 30 days to appeal in immigration court and open the case again.
 
pralay said:
I-485 does not get rejected in one shot. It has its own procedure. USCIS needs to send "intent of deny" notice. If petitioner fails to response within timeframe or the response is inadequate, USCIS will reject 485. Then petitioner has 30 days to appeal in immigration court and open the case again.
Click to expand...

Ok then my question is : Has it been denied after the appeal proved unsuccessful. Have we heard of such a case. I mean, I have not seen a single case where 485 has got rejected. But maybe someone has heard of it.
 
npnjan02

Some of the users in this forum have asked for an inquiry before and all they got was nothing more than a bullshit letter saying that "... some applications can take longer ...just allow more time to process..."; it's truly bullshit :mad:
 
unitednations said:
There is a member on the california boards who during the adjudication of 485, they sent intent to deny because 140 was approved in error. His 140 was approved in 2001 and 485 filed February 2002.

Apparently uscis stance was that he used combination of degrees to get to u.s. bachelors.
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But it seems like that even he got approved after a struggle. So to me it seems that one someone has reached the 485 stage in Employment based category then it does NOT ever result in being denied. It just could take a long time for approval.

What do yu guys think ?
 
unitednations said:
This is recent. He hasn't been approved.
Click to expand...
Hi United Nations. Could you please post a link to that thread. I just wanted to review his case.

Moreover I am wondering why they are denying him in the 485 stage. Because degree evaluation should be done at the 140 stage. Shouldnt it ??
 
unitednations said:
His post was innocent enough. He didn't give any details. All he asked was could labor education requirements be changed if a labor has already been approved.

I replied to him and he wanted my e-mail address. The rest of the conversation was off-line.

His case went like this

140 approved based on future employment in 2001
485 applied Feb. 2002
ac21 used jan. 2003
May 2004 when adjudicating his 485 they sent RFE for financial statements for original 140 employer (he sent in original 140 f/s and current employer f/s), they also asked for a new degree evaluation stating that he used a combination of degrees which isn't allowed.
His lawyer sent in the ability to pay information along with a copy/minutes of aila minutes of uscis stating they will not go back to approved applications and re-open them except in cases of fraud. USCIS sent him notice of intent to deny and they said that unpublished memos/guidance are not binding on them.
To make it even more complicated, the RFE was sent to old lawyer. When they responded to it they also sent in notification of new lawyer. USCIS sent intent to deny to old lawyer who had moved. By the time it got to his new lawyer it is past the 30 day deadline. This all happened last friday. He was supposed to discuss this with his lawyer on monday and let me know.

Poor guy his on his 8th year h-1b extension.
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Thanks !! But what does combination of degrees mean. Did he transfer earlier credits over to a US based college and combine the 2? Or did he just use a combination of 2 NON US based degrees to make it like a 4 Yr Bachelors ?
 
unitednations said:
combination of two non us based degrees/diplomas. This is very scary since if you talk to most lawyers, it seems that it is a recent development where uscis won't accept combination of degrees/work experience to get to u.s. equivalent. Therefore, it seems as though at one time they did.

What I learned from this is that when uscis is approving 485 they will go back to earlier petitions and if there has been a policy change or an oversight they will look into it.
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This is ridiculous. How can they apply new rules to earlier filed cases. Now I am beginning to fear the worse. Although I have a US Bachelors but I had transferred credits of a Non US college towards my US Bachelors degree. Moreover I just have a BA and not a BS. Do you think this could affect my situation in EB3 and maybe is the cause of my RFE. I am not sure what I could do in such a situation.

Damn : I wish there was a way to know what this stupid RFE is about.
 
unitednations said:
You shouldn't have a problem. Mainly because you do have a single degree. This is different then having a separate degree and certificate and they used combination to get to u.s. equivalency.

his case was aberration, the only thing they are supposed to go back to see for employment based cases at the 485 stage is admissability (out of status, criminal record) and ability to pay wages.

Those are the main things.
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Thanks again. I still dont understand the logic as to why some cases get RFE and others dont. I have stayed with the same employer from Day 1. But still the RFE. I guess I will find out in a few days as to what it is....
 
puneet_gcard said:
But did they send you an RFE at all. Or did you initiate an enquiry since it has been so long ?
Click to expand...

puneet_gcard, I never got a RFE, or at least I didn't receive it, nor did the attorney, nor the online message said so. I want to see what the inquiry response will be, and most likely just the standard "we're still processing" crap.
 
npnjan02 said:
puneet_gcard, I never got a RFE, or at least I didn't receive it, nor did the attorney, nor the online message said so. I want to see what the inquiry response will be, and most likely just the standard "we're still processing" crap.
Click to expand...

Did you ever try to use INFOPASS to find out about your case. Maybe they might give you reason why it is getting delayed. I saw another member post today that he used INFOPASS.
 
puneet_gcard said:
I saw another member post today that he used INFOPASS.
Click to expand...

I saw that too. But the infopass is for a local appointment - and I already did go /waited 4 hours/ and they told me they had no info on my case, since it was in NSC. At least I learned that much, after 19 months of silence.
 
npnjan02 said:
I saw that too. But the infopass is for a local appointment - and I already did go /waited 4 hours/ and they told me they had no info on my case, since it was in NSC. At least I learned that much, after 19 months of silence.
Click to expand...

How did that other guy find out that his case was stuck in a name check. I saw his thread today morning on this forum and he said he used INFOPASS.
 
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