Did anybody ever get such an RFE for EAD?

S

StillHope

Registered Users (C)
My I-485 was filed in 12/2001, but I didn't file EAD at that time. Two months back, I realized that there was no way my I485 would be approved in the near future, so I filed EAD with the required evidence (I-485 receipt notice, I-94,…) by my own (RD:11/15/2002, ND: 11/21/2002). Yesterday, I got an RFE letter as below:

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The document submitted is not sufficient to warrant favorable consideration of your petition/application. The following information is also required:

Your must submit a petition approval notice (Form I-797) to establish that an employment based petition has been approved in your behalf. Employment based petitions include Immigrant Petition for Alien Worker (Form I-140), employment Petition for Amerasian, Widow(er) or Special Immigrant (Form I-360) and Immigrant for Alien Entrepreneur(Form I-526).
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I was not clear about the requirements, and afraid that INS might mess up my application by treating it as employment based instead of adjustment status based. So, I called INS Nebraska this morning. The IIO told me I needed to submit a copy of my I-140 approval notice, but her tone was not very firm. I told her that my application was filed based on Adjustment Status, not employment based, and I-140 was not listed in the required materials, but she seemed to have no clue.

I double-checked the photocopy of my I-765 that I submitted to INS. It's pretty straight forward, except item 15 & 16. For Item 15 (Current Immigration Status), I filled "H1B1"; For Item 16 (Eligibility Categories), I filled "(C)(9)()". And, the "Class Requested" on my receipt notice shows "C09".

Why did I get this RFE? Is it because INS just simply screwed up my case? Or I filled wrong information on Item 15 & 16?

What does the RFE exactly ask for? I-140?

Your help will be greatly appreciated. Thanks a lot in advance.
 
is it VSC or other service centre?
please check the thread:

http://www.immigrationportal.com/sh...ge=15&highlight=EAD renewal help&pagenumber=1

http://www.immigrationportal.com/showthread.php?threadid=71946&highlight=EAD+renewal+help

http://www.immigrationportal.com/attachment.php?s=&postid=421914
i found that only documents required for EAD are:
2 photos which fits INS requirement with A# and name written with pencil on back.
A check $120.00( fee Changed) for I-765 renewal fee made in the name of "Immigration and naturalization service"
Original Form I-797 D (from last EAD)
I -765 Renewal Application
A copy of last EAD(front and back)
A copy of Form I-94 Departure Record(front and back)
A copy of I-485 Receipt Notice
A copy of last I-765 Receipt Notice
Marriage Cetificate for secondary applicant
 
Last edited by a moderator:
I-140

I didn't summited I-140 for my 1st EAD application 2 weeks back.
I worry about getting a RFE like STILLHOPE.
Did any one get EAD without I-140 copy?

Pls post your experience..

Thanks!
 
Concurrent Filing

StillHOPE,
is your case Concurrent Filing I140 & I485 ?

ghost-rider,
how about yours?

is this the reason to trigger RFE?

anybody else who got EAD without I-140 copy?

Thanks!
 
all concurrent filers whose 140 application cannot be located get this RFE.
Either you have to send the I140 approval or the I140 receipt notice, so that INS can determine that this EAD application is not a frivolous application for EAD with a fictious 140...
 
Re: Concurrent Filing

Originally posted by hqusa
StillHOPE,
is your case Concurrent Filing I140 & I485 ?

ghost-rider,
how about yours?

is this the reason to trigger RFE?

anybody else who got EAD without I-140 copy?

Thanks!
Click to expand...

No, I am not an I-485 and I-140 concurrent filer. My I-485 was filed in 12/2001, and at that time the concurrent rule hadn’t taken effect yet. I never heard any people who filed their I-485 around the same time as I did got an RFE for I-140 like me. That's why I feel strange and am a little worried.
 
Stillhope,

Your RFE will raise concern for many.

Your 485 was filed in Dec 2001 - so obviously cannot be concurrent filing.

Good that you posted this info here. May be you rename the topic to be more mnemonic so that others will be more attracted to this thread.
 
Reasons:

1. They could not locate your I-140 approval notice in your I-485 application package ( I suppose you included the approval notice in your I-485 application).

2. They do not want to search your I-485 package, instead they ask you to submit your I-140 approval notice again with your I-765 application.

3. They are mad at WHY you didn't apply for EAD with your I-485.

4. They tried to tell us that Nothing is easy when we are dealing with INS.
 
StillHope:

I too unfortunately received exactly the same RFE. To be on safe side I will send the i485 receipt notice and the i140 approval notice
 
Concurrent Filing

greenpeace:

is your case Concurrent Filing I140 & I485 ?

my EAD
RD 1/24/03
ND 1/27/03
 
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