EB3_PD03_Denied

C

chad_randal

Registered Users (C)
Guys,
I am one of the victim from Oct 03 RFEs.
On Oct 03 my online status changed to "RFE sent"
but me or my Attorney never received it - finally with congress men's help I got it on Nov 01 - and responded back on Nov5th - USCIS received on – Nov 7th

Since then I had 5 Luds and today when I called TSC - they said my case was denied on Nov 16th.
I don’t the reason for denial - they asked me to wait till I get the mail.

RFE was about EVL and I responded back with all Documentation.
I am wondering what could be the reason for Denial, any one had same experience please share.

Never - on bench and working for the same company all the time
my Case details
EB3 - Jan 2003
I-140 - Oct-04
FP - march 05 and May 07
3 EADS and Aps
 
chad_randal said:
Guys,
I am one of the victim from Oct 03 RFEs.
On Oct 03 my online status changed to "RFE sent"
but me or my Attorney never received it - finally with congress men's help I got it on Nov 01 - and responded back on Nov5th - USCIS received on – Nov 7th

Since then I had 5 Luds and today when I called TSC - they said my case was denied on Nov 16th.
I don’t the reason for denial - they asked me to wait till I get the mail.

RFE was about EVL and I responded back with all Documentation.
I am wondering what could be the reason for Denial, any one had same experience please share.

Never - on bench and working for the same company all the time
my Case details
EB3 - Jan 2003
I-140 - Oct-04
FP - march 05 and May 07
3 EADS and Aps
Click to expand...
Sorry to hear that. I think you have no choice but to wait and get the denial letter and know the cause. May be you can reopen the case.
 
chad_randal said:
Guys,
I am one of the victim from Oct 03 RFEs.
On Oct 03 my online status changed to "RFE sent"
but me or my Attorney never received it - finally with congress men's help I got it on Nov 01 - and responded back on Nov5th - USCIS received on – Nov 7th

Since then I had 5 Luds and today when I called TSC - they said my case was denied on Nov 16th.
I don’t the reason for denial - they asked me to wait till I get the mail.

RFE was about EVL and I responded back with all Documentation.
I am wondering what could be the reason for Denial, any one had same experience please share.

Never - on bench and working for the same company all the time
my Case details
EB3 - Jan 2003
I-140 - Oct-04
FP - march 05 and May 07
3 EADS and Aps
Click to expand...
Seems like it could be a mistake from USCIS side. (USCIS is known for such mistakes). Try to get Infopass and check if you can find something there what exactly is the cause of denial. Best of Luck.
 
The RFE lead time is 30 days only. Yours is Oct.03 to Nov.03. Your response was received on Nov.06 which is beyond the 30 days. This is the reason you more likely have. The only thing you can do now is to double check the lead time on you RFE. Then you can file motion to reopen/reconsider after you get the denial notice.


chad_randal said:
Guys,
I am one of the victim from Oct 03 RFEs.
On Oct 03 my online status changed to "RFE sent"
but me or my Attorney never received it - finally with congress men's help I got it on Nov 01 - and responded back on Nov5th - USCIS received on – Nov 7th

Since then I had 5 Luds and today when I called TSC - they said my case was denied on Nov 16th.
I don’t the reason for denial - they asked me to wait till I get the mail.

RFE was about EVL and I responded back with all Documentation.
I am wondering what could be the reason for Denial, any one had same experience please share.

Never - on bench and working for the same company all the time
my Case details
EB3 - Jan 2003
I-140 - Oct-04
FP - march 05 and May 07
3 EADS and Aps
Click to expand...
 
xyr888 said:
The RFE lead time is 30 days only. Yours is Oct.03 to Nov.03. Your response was received on Nov.06 which is beyond the 30 days. This is the reason you more likely have. The only thing you can do now is to double check the lead time on you RFE. Then you can file motion to reopen/reconsider after you get the denial notice.
Click to expand...

Well, my case is similar where I didnot get the RFE for like more than 2 months, my dates were expired 3 times but I kept sending letters/faxes/made several querries and took help from congress man finally they faxed the RFE to my lawyer. Then we send the reply of the RFE (RFE was TB skin test). The immigration officer himself called to my Lawyer and gave his # and ask my lawyer to send the RFE/NOID reply to his attention. Finally after receiving my RFE/NOID reply he said everything is fine but he cannot approve the case as my case is under retrogress AGAIN!!! (the last open window was closed by that time I lost all the time in the struggle to get that RFE/NOID)
anyway I just wanted to mention that its unlikely that case was denied for that reason but again you cannot say anything with USCIS. Good Luck.
 
Yes, if you keep sending letters/fax and others to CIS for not receiving the RFE and set up a relation with a specific IO who knows you do not get RFE. CIS will re-send the RFE, even with the old date and allow you to reply for a reasonable time, and CIS will accept your response beyond the lead time, but the key is that you must be orally accepted by IO before the denial notice is issued.
 
Guys,
Thanks for your input but one question
after double checking the RFE's twice - I missed sending my Tax returns (I did sent my W2's but missed my tax returns)
does that would be a reason for denial ??
 
Yes, That may be a reason. If that is the reason for the denial, It will be easy to to MTR your case by having the Tax return .

Thanks
 
Here is my RFE

Submit a letter of employment attesting to applicant’s current employment, this letter should be written on the company’s official letterhead, citing the date the applicant began working, if a permanent fulltime position , the position offered , the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs , income tax returns with all W-2s, or other evidence as appropriate.

For the above RFE
I sent the following
Employer letter as mentioned
2 recent Pay stubs
2006 W-2

That’s all I sent.
so tax returns could be the reason for my denial ??
appreciate your input
 
Thanks JesusIsMyLord,

one more question -
same time do I need to send all W-2s and all tax returns ??
or last W-2 and Tax return is fine ?
 
"the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs , income tax returns with all W-2s, or other evidence as appropriate".

They are asking you to prove that you are working with your employer as per the position offered in the Labor Certification and with the specified salary or above.

--- Please talk to some experts / Lawyers before you finalize your mind ---

But I would say Last year Tax retrun , last year w2 , Last 4 months paystubs , would do .. But Please talk to your attroney as well before finalizing.
 
Thanks for your input JesusIsMyLord,

In fact I followed my attorney's advice and sent the documentation but it seems my attorney is having some standard format and he is just following that.
and my case could be different - so hope fully "Tax returns" are the reason for my denial.
once again appreciate your input
 
chad_randal,

If your I-485 is denied....the most likely reason is that you didn't respond to the RFE at all....or the adjudicator may have realized that you had status violations for more than 180+ days or so

>>>
The EVL RFE is very difficult to deny for USCIS.....unless the employer goes and calls USCIS and tells them that he no longer intends to employ the person....

To prove EVL - 1 single document is enough - A letter from employer corroborating the job offer for full-time position....
all the other documents (tax returns, w2's) are purely optional....and just offer additional evidence for job offer.....
 
banta4gc,

Thanks for your input , I was never on out of status- (nor violated) ....
on phone IO said my I-485 was denied on 16th November - but my on line status showing "Case processing resumed" and today there is a LUD on my previous approved I-140...
one question guys....
If I-485 is denied you still have LUD's on I-140 ??
 
Chad, when you replied to your RFE, does your EVL match the Labor requirements (Job duties and Job description)
 
xyr888 said:
The RFE lead time is 30 days only. Yours is Oct.03 to Nov.03. Your response was received on Nov.06 which is beyond the 30 days. This is the reason you more likely have. The only thing you can do now is to double check the lead time on you RFE. Then you can file motion to reopen/reconsider after you get the denial notice.
Click to expand...

Hi,
No, USCIS usually gives you 90 days to respond to an RFE. I had an RFE which I got the first week of Oct 2007 with a due date to respond until end of Dec 2007. Since your latest status shows that "Case process has resumed", I don't think its a denial at all, rather they're working on your case and have not made a decision. Denial means that they've made a decision which is inconsistent with your latest status. I think the IO made a mistake when you asked about your status. Until you have a letter saying that ur case has been denied, don't assume it is. If you missed sending your tax returns then they'll send another RFE and not deny ur application based on missing tax returns. Good luck!
 
pinoyInDC said:
Hi,
No, USCIS usually gives you 90 days to respond to an RFE. I had an RFE which I got the first week of Oct 2007 with a due date to respond until end of Dec 2007. Since your latest status shows that "Case process has resumed", I don't think its a denial at all, rather they're working on your case and have not made a decision. Denial means that they've made a decision which is inconsistent with your latest status. I think the IO made a mistake when you asked about your status. Until you have a letter saying that ur case has been denied, don't assume it is. If you missed sending your tax returns then they'll send another RFE and not deny ur application based on missing tax returns. Good luck!
Click to expand...

I aggree with pinoyInDC, it seems a mistake either from USCIS side or the USCIS rep whom you talked to over the phone. I guess you should make another infopass and go again to check your status.

best of luck.
gckajadoo
 
Guys,
Finally got the answer for my Denial - "RFE was not responded with in 30 days" - Guys I had sleepless night for past 5 days - and finally came to know that its because of 30 day Time limit - bottom point in RFE should be responded back in 30 days.
Once again - thanks for your concern and inputs
 
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