Did any one got Approved who got RFE (ND or RD in SEP month)

shekarpc

Registered Users (C)
Hi
I know few people got RFE who's having ND or RD in SEP 2003 , even mine also ND Sep 23, 2003. i know Naanshi also got the RFE same day when i got RFE. Did any one send the Response to RFE and did they get any update after replying back to the RFE.

I send all Documents to Lawyer. Still no update from lawyer, i am not sure my lawyer responded my case.

Waiting for to see the message online atleast they got the RFE documents.


Thanks,
Shekar PC
 
Sekar,
I know you are waiting to use AC21 to join with your client as a permanent employee. I have found out that after 180 days of pending I-485 petition, you can change your employer and inform USCIS immediately. After 180 days, if you use AC21, your I-140 does not have any meaning and even if your I-140 gets denied, you will be fine.

I have confirmed this with some attorneys. I know, so many people are not going to agree with me. Why I am telling you is try to find out about this and join with your client as soon as possible, before you loose your project.

If a person doesn't inform USCIS that he/she has changed employer after 180 days and if that person's I-140 gets denied then I-485 will also get denied.

Find out the truth. It may be useful to you. In AC21 law no where it is written that I-140 approval is needed.


nanshi.
 
Thank you very much Naanshi for your information.
your information gives me some Boost (Energy)

Did you Respond to your RFE. I think u also have the same situvation in the client, so what are you going to do, are u going to taking Full time with out 140 approval.



Thanks,
Shekar PC
 
Sekar,

1. Not yet. My current employer will be sending it soon. May be in a week or so.
2. My client's law firm confirmed that without I-140 approval, I can legally change employer and I-140 approval is no longer needed. So I am thinking about this. Another thing is that my current company is not doing good and my RFE is for Company Financial Ability. So anyway risk is there, even if I don't use AC21.

Talk to your Client's law firm and find out what they think.

nanshi.
 
Hi Nanshi,
Does this mean that once you file AC21 & inform the USCIS, they will stop processing the I-140 application immediately and look into only I-485???:confused:
 
naanshi!

Naanshi,

Just yesterday i rejected a very good offer which i might not get in near future. It is really the best oppurtunity i could get. My situation is same, it has been more than 6 months since i filed for my 485 and 140 is not approved yet. I tried to go through all the forums and then talked to couple of Employers about my situation and no body encouraged me taking the offer. So i rejected it yesterday. After seeing your message today i am feeling very sad for rejecting the offer anyways my personnel impression was that there shouldnt be any problem if we shift the company after 6 months of 485 RD anyways i couldnt take the bold decission and feel sorry for that. Hope and wish you guys take the bold decission and that things should work out well for you and shekarpc.

All the best guys...

Octfiler
 
RFE sep 23

Got RFE on 4/6/04
Replied 0n 4/13/04
USCIS received on 4/16/04

ND 9/23/04

No update yet

Abid
 
Nanshi,

Pl make sure about this. with out Immigration Visa support there is no Adjustment status for Skilled workers.

Thanks




Originally posted by naanshi
Sekar,
I know you are waiting to use AC21 to join with your client as a permanent employee. I have found out that after 180 days of pending I-485 petition, you can change your employer and inform USCIS immediately. After 180 days, if you use AC21, your I-140 does not have any meaning and even if your I-140 gets denied, you will be fine.

I have confirmed this with some attorneys. I know, so many people are not going to agree with me. Why I am telling you is try to find out about this and join with your client as soon as possible, before you loose your project.

If a person doesn't inform USCIS that he/she has changed employer after 180 days and if that person's I-140 gets denied then I-485 will also get denied.

Find out the truth. It may be useful to you. In AC21 law no where it is written that I-140 approval is needed.


nanshi.
 
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