Help...Help...Help....Please....RFE on withdrawn 140

[GC_GoneCase]

USCIS has issued RFE on my pending 140 petition on June 15. Here are my case details -
1. Labor applied May 2001, approved May 2003, I 140 / 485 Applied 6/27/2003 RD, 7/11/2003 ND (Vermont).
2. I had to change earlier employer, who sponsored my GC, in Mid March 2004, almost after 250 days of 140/485 ND (With pending 140).
3. Received notification from attorney that the employer had sent letter of withdrawl on March 17, 2004.
4. Joined new company on March 16, 2004 with similar job responsibilities and salary, but different state (CA this time)
5. Sent AC21 letter in second week of May explaining that my sponsoring employer had submitted for withdrawl of my 140 and that I have joined new company after 180 days of 485. I also sent letter of support from new employer and my W2 for last 3 years.
6. Now USCIS has issued RFE for additional evidence on 6/15.

I am no sure what the RFE is about. The twist over here is that the attorney is tied up with my previous employer and is not co-operating for RFE details. He has not got it yet but should get it this week.

I am going to talk with my previous employer to get the RFE details and also persuade the attorney further although I am not sure if that would work.

I just do not want to lose on the case without fighting for it. As it has become a universal fact for most of us folks, this forum is the best place to get help to formulate the strategies and next steps.

I would be thankful if someone can help me on followings:

1. Does the RFE have a serial number? Do I have to submit the copy of RFE with the reply?
2. If the attorney or the employer do not provide the RFE details, is there any other way to get the details? I called up customer service and as I had expected, they told me to wait for 15 days before enquiring about it.
3. Is it necessary to send the reply thru the attorney e.g. Can I send the reply myself?
4. Can I change the attorney and get the RFE copy to new attorney and send the reply to USCIS?


Any help on this matter would be highly appreciated. I know it is complex situation, but I am going to fight for it.

My 6 years would be completed in May 2005 and I have already applied for new GC in Feb 2004 as a back up.

Thanks in advance for the help.

 

[rajudm]

Did you change your employer before I140 approval....AC21 is applicable only if I140 approved and 180 days has passed after filing I485.

This process is as good as gone if you are trying to get AC21 benefit before I140 approval.

 

[sertra2002]

1.Does the RFE have a serial number? Do I have to submit the copy of RFE with the reply?
==> Looking at the copy of my RFE I can see there is a number on the top written by hand 'RFE 342 XXXX'. There is no typed serial number on the letter. Also, the first sentance in the RFE written in BOLD letters is 'PLACE THIS LETTER ON TOP OF YOUR RESPONSE. SUBMISSION OF EVIDENCE WITHOUT THIS LETTER WILL DELAY PROCESSING OF YOUR CASE AND MAY RESULT IN DENIAL'

2. If the attorney or the employer do not provide the RFE details, is there any other way to get the details? I called up customer service and as I had expected, they told me to wait for 15 days before enquiring about it.
==> Cannot answer this. sorry.

3. Is it necessary to send the reply thru the attorney e.g. Can I send the reply myself?
==> I-140 belongs to the employer, and technically the letter has to go through attorney ot the employer.


4. Can I change the attorney and get the RFE copy to new attorney and send the reply to USCIS?
==> Again, as I-140 is employers petetion I do not think that is possible.

I guess your best option is to try to work with old employer to try and get the RFE details. Once you have the RFE details then you can plan the next step how to answer it.

All the best.

 

[GC_GoneCase]

Did you change your employer before I140 approval....AC21 is applicable only if I140 approved and 180 days has passed after filing I485.

This process is as good as gone if you are trying to get AC21 benefit before I140 approval.

Yes, I changed employer before 140 approval. I was having no other option. My employer immediately sent withdrawl request in. I sent AC21 and explained that in my letter to USCIS.

After 3 months of sending withdrawl, the RFE has been issued. As the case has not been denied yet, I am trying to save it if I could.

I know it is almost gone ( as my name suggests), still the hope is alive till it is actually denied.

 

[NVC]

Hi GC_GoneCase..

USCIS has issued RFE on my pending 140 petition on June 15. Here are my case details -
1. Labor applied May 2001, approved May 2003, I 140 / 485 Applied 6/27/2003 RD, 7/11/2003 ND (Vermont).
2. I had to change earlier employer, who sponsored my GC, in Mid March 2004, almost after 250 days of 140/485 ND (With pending 140).
3. Received notification from attorney that the employer had sent letter of withdrawl on March 17, 2004.
4. Joined new company on March 16, 2004 with similar job responsibilities and salary, but different state (CA this time)
5. Sent AC21 letter in second week of May explaining that my sponsoring employer had submitted for withdrawl of my 140 and that I have joined new company after 180 days of 485. I also sent letter of support from new employer and my W2 for last 3 years.
6. Now USCIS has issued RFE for additional evidence on 6/15.

I am no sure what the RFE is about. The twist over here is that the attorney is tied up with my previous employer and is not co-operating for RFE details. He has not got it yet but should get it this week.

I am going to talk with my previous employer to get the RFE details and also persuade the attorney further although I am not sure if that would work.

I just do not want to lose on the case without fighting for it. As it has become a universal fact for most of us folks, this forum is the best place to get help to formulate the strategies and next steps.

I would be thankful if someone can help me on followings:

1. Does the RFE have a serial number? Do I have to submit the copy of RFE with the reply?

RFE document has an EAC number ( in case of Vermont). It will be clearly stated in Bold on this document that all responses to that RFE should be accompanied with the ORIGINAL RFE document. You will have to submit the original document along with your response.

2. If the attorney or the employer do not provide the RFE details, is there any other way to get the details? I called up customer service and as I had expected, they told me to wait for 15 days before enquiring about it.

You can try to atleast get a copy of the RFE from your previous lawyer so you would know what evidence USCIS is asking and from whom( You or your previous employer or your new employer)

3. Is it necessary to send the reply thru the attorney e.g. Can I send the reply myself?

You definately can ..but in cases like these, you will need all the professional help that you can. So best thing under these circumstances is to use an attorney.

4. Can I change the attorney and get the RFE copy to new attorney and send the reply to USCIS?

Once you sign the G28 with your new Attorney , your new Attorney can always contact your old attorney and get the RFE document. I am sure your new Attorney will know many ways to get all the relevent documents pertaining to your case from USCIS and your previous lawyer.
So first thing to do is try to talk to your Old attorney and see if he can give you the original RFE if not then try to get at least a copy so you and your new attorney will know what exactly is on your RFE and what new evidence USCIS needs from you ( or your previous employer or maybe your new employer). If that doesnt work then go meet with your new Attorney and ask him for help to get your RFE document. But what ever you do you have to do it fast as time will be of essence here.
I personally think, that , if USCIS had a reason to deny your 140 they would have done so with out an RFE. The fact that an RFE has been issued to you itself states that they have a question(s) and they are giving you a fair chance to answer their question(s). If you staisfiy their doubts you are home free.
You got an RFE on 15th its just 6 days (including weekends) so give it a few more days so that your Old attorney will get the RFE. Then talk to him. In the mean time do talk to your new Attorney and update him with this new development just so he is aware.
Good luck and please do keep us poasted with your situation.

Any help on this matter would be highly appreciated. I know it is complex situation, but I am going to fight for it.

My 6 years would be completed in May 2005 and I have already applied for new GC in Feb 2004 as a back up.

Thanks in advance for the help.

 

[NVC]

Hey Raj ...

Did you change your employer before I140 approval....AC21 is applicable only if I140 approved and 180 days has passed after filing I485.

This process is as good as gone if you are trying to get AC21 benefit before I140 approval.

Hi Raj any news regarding your RFE response .. I think we both have the same LUD for our RFE response ( 6/8/2004).
Let me know ..
NVC

 

[rajudm]

NVC...counting secs,minutes,hours,days to see the end I140 saga

I will update the forum as soon as I get the e-mail from USCIS. Please you also update on what happens with LUD as days passes by. Can we expect something before end of this month....

 

[NVC]

Hi Raj ..

I will update the forum as soon as I get the e-mail from USCIS. Please you also update on what happens with LUD as days passes by. Can we expect something before end of this month....

The more I think about it the more stressed out I get ..no change in LUD yet ...
will keep you updated ..
Take care ..
NVC

 

[rajudm]

stress---!!

NVC,
This stress level is unbearable. Based on this I140 decision I have to take immediate steps. My family is in India now (with valid AP). I have booked an appointment at US consulate in Sydney for July 26th to get H4 visa stamped. They have to book a return ticket to Sydney from Bangalore. Their flight back to US is August 30th. Every day passing is adding more tension. I want to see the end soon.

IsGCtheKey....(a well known userid)? For me I140 is the key, not worried much about I485 at the moment.

 

[NVC]

Hi Raj..

NVC,
This stress level is unbearable. Based on this I140 decision I have to take immediate steps. My family is in India now (with valid AP). I have booked an appointment at US consulate in Sydney for July 26th to get H4 visa stamped. They have to book a return ticket to Sydney from Bangalore. Their flight back to US is August 30th. Every day passing is adding more tension. I want to see the end soon.

IsGCtheKey....(a well known userid)? For me I140 is the key, not worried much about I485 at the moment.

Man we have the same situation.. My wife is visiting India too ..due back in the second week of August. I did give her all the required documents for H4 stamping . Her h4 has been approved till Nov 14th. Will they stamp her passport with H4 visa if she goes in July ( remember her H4 is valid only till November).
One more thing .. have you heard of anybody getting an RFE the second time after replying to the first RFE.
Do you think they might have covered every other requirement prior to sending out an RFE . I got one for edu eval ..so is it correct to assume that I might not get an RFE for company financial or my W2 ..and stuff like that ?
Take care ..
NVC

 

[rajudm]

NVC you never know with this RFE stuff

You might get through without another RFE, but another possibility is also there. One of the employee my GC sponsoring company got educational evaluation RFE in September 2003, and then was followed with another RFE for company financials in November 2003. Eventually due to attorney goof up it got denied in December 2003. This is what keeping me on my toes, however since then all other candidates of the company have got approved.

Hoping for the best, nothing much we can do now.

 

[Sabu]

Yes, I changed employer before 140 approval. I was having no other option. My employer immediately sent withdrawl request in. I sent AC21 and explained that in my letter to USCIS.

After 3 months of sending withdrawl, the RFE has been issued. As the case has not been denied yet, I am trying to save it if I could.

I know it is almost gone ( as my name suggests), still the hope is alive till it is actually denied.

Your case is getting processed regulary. I agree with NVC. If USCIS thinks that this case must be denied then they would have done it. They would not have issued RFE. I am sure, this case is going to get approved.

naanshi.

 

[NVC]

RAJ..........My 140 is approved

Hey Raj...
Just got home and checked my email ..140 approved...
took exactly 12 workind days after USCIS received my RFE response ...
one minute let me check if my 485 LUD has changed or not ....nope ..
485 still has the same LUD 8/27/2003.
I have posted the details in a seprate thread ..
Hope we hear some good news from you too pretty soon..
Good luck buddy..
NVC

 

[rajudm]

Congrats NVC!!!

You got the key!!! enjoy. What a relief it is for you..I can imagine.

What was your RFE received date. it was mailed on June 2nd right!

 

[GC_GoneCase]

Your case is getting processed regulary. I agree with NVC. If USCIS thinks that this case must be denied then they would have done it. They would not have issued RFE. I am sure, this case is going to get approved.

naanshi.

NVC / Naanshi,

Thanks for your suggestions and lifting up my morale.
I talked to one attorney today and he said that it is possible that the RFE was for either education evaluation( I did not submit it with 140) or financials of new employer as I have changed the employer.
Let me first figure out how to get my hands on the RFE and then I would let you know the details of it.

 

[GC_GoneCase]

Hey Raj...
Just got home and checked my email ..140 approved...
took exactly 12 workind days after USCIS received my RFE response ...
one minute let me check if my 485 LUD has changed or not ....nope ..
485 still has the same LUD 8/27/2003.
I have posted the details in a seprate thread ..
Hope we hear some good news from you too pretty soon..
Good luck buddy..
NVC

Congrats NVC. Enjoy the freedom from pains of 140.

 

[Sabu]

NVC / Naanshi,

Thanks for your suggestions and lifting up my morale.
I talked to one attorney today and he said that it is possible that the RFE was for either education evaluation( I did not submit it with 140) or financials of new employer as I have changed the employer.
Let me first figure out how to get my hands on the RFE and then I would let you know the details of it.

My guessing is that 90% of chance for your Educational Evaluation and 10% of chance for New Employer's Financial.

naanshi.

 

[NVC]

Thank You guys ..

Hey Gone case ..
Dont get to worked up regarding the RFE as of yet ..lets first see what your RFE says ...
I know its easier said than done ..but just give it some time and I am sure whatever the RFE might be for you ..you/your lawyer will definately be able to answer it satisfactorily.
Take care Guys ..

Raj ...let me know when you hear any thing ..
here are my details..
ND: 08/25/2003
RFE: 05/20/2004
RFE regarding educational evaluation
RFE response recieve date by USCIS: 06/03/2004
UPDATE DATE history:
06/04/2004
06/07/2004
06/08/2004
finally
06/21/2004 (approval message)

Take care buddy ...I am enjoying my CARONA...
Cheers ..
NVC

 

[edvtorres]

Hey Raj...
Just got home and checked my email ..140 approved...
took exactly 12 workind days after USCIS received my RFE response ...
one minute let me check if my 485 LUD has changed or not ....nope ..
485 still has the same LUD 8/27/2003.
I have posted the details in a seprate thread ..
Hope we hear some good news from you too pretty soon..
Good luck buddy..
NVC

hi nvc,

congratulations,,,, good luck to your i485 case,,,,,,,

my i485 is stuck with hartford, ct local office,,, guess it's not a good sign,,, local offices are processing really slow,,,, it takes forever,, years and years,,,,
well, good luck again to you, hope your i485 get approves quickly...

edvtorres

 

[NVC]

Hi Ed...

hi nvc,

congratulations,,,, good luck to your i485 case,,,,,,,

my i485 is stuck with hartford, ct local office,,, guess it's not a good sign,,, local offices are processing really slow,,,, it takes forever,, years and years,,,,
well, good luck again to you, hope your i485 get approves quickly...

edvtorres

Hi Ed thought you stopped coming to the 140 forum ( Like JOYD....where is he anyways ? )
My 485 LUD hasnt changed at all ...how many days after your 140 approval did your 485 LUD change ?
Let me know ..
Take care ..
NVC