Help! I140/I485/AP concurrent in 01/04, AP on hold after I140 RFE

W

Want_AP

Registered Users (C)
I am a regular reader to this forum and I really need your help!

Work for my current company for about 4 years. My labor was approved in 12/03 (Master degree + .5 year experience). Filed I140/I485/AP concurrently to CSC in 01/04. I140 was filed as EB3 (A professional or skilled worker) but not EB2 (A members of profession holding an advanced degree). Received I140 REF for previous working experience and company’s 2001, 2002, 2003 tax returns in 03/04. Replied REF with previous working experience, company 2001, 2002 tax returns and a signed letter by company’s authorized person to indicate that the company had filed for an extension for 2003 tax returns in 04/04. Reply to REF was received in 04/04. Company has about 140 employees and its financial condition is good for all those three years. Lawyer may have sent an enquiry for I140 to CSC in 06/04. I have sent first level enquiries for my wife’s AP and my AP in 06/04. No LUD changes. Sent second level enquiries for my wife’s AP and my AP in 07/04. LUD was updated to 07/27/04 but no approvals.

Could someone please answer my questions?

1. Is it true that my wife and I may not be able to get our APs within A YEAR since my I140 could be “on hold” and USCIS may not approve our APs before my I140 is approved? And my I140 may not be approved until my I485 is ready to be adjusted. That date could be a year or two years later. I am really concerned. USCIS may even not give my wife and me emergency APs when there is an emergency situation. What can I do?

2. My 7th year H1-B extension will be filed soon. I am also going to file EAD for my wife and me. Will our EADs also be “on hold”?

Any suggestions/advises will be greatly appreciated!
 
I was in a similar situation. Got RFE for I140 on ability to pay. Took more than 2 months for USCIS to approve my AP and EAD after RFE was replied. According to a member unitednations, the uniqueness of my case is USCIS lifted the "hold" for my EAD and AP and approved them before they approved my I140. Normally, they won't approve EAD/AP until they approve I140.

Have you asked your lawyer to seek help from AILA liasion system? I guess it worked for my case. Worth a try!
 
Mine has been on hold since 12/03 WITHOUT a RFE (and interim EAD denined)! My lawyer has sent an inquiry (finally). When CSC doesn't reply, I'll go with Chongyip's suggestion and howl till they use the liason.

BCIS sucks.

~T
 
chongyip said:
I was in a similar situation. Got RFE for I140 on ability to pay. Took more than 2 months for USCIS to approve my AP and EAD after RFE was replied. According to a member unitednations, the uniqueness of my case is USCIS lifted the "hold" for my EAD and AP and approved them before they approved my I140. Normally, they won't approve EAD/AP until they approve I140.

Have you asked your lawyer to seek help from AILA liasion system? I guess it worked for my case. Worth a try!
Click to expand...


Thank you, chongyip. I will ask my lawyer to try to get help from AILA liaison system. I just have a very hard time to try to understand why USCIS makes such a strange rule that puts on hold I140 and does not approve EAD/AP if REF is asked but approves some other EAD/AP cases right away. The rule is strange because USCIS should have more evidences to support the “on hold” I140 and AP/EAD cases, after REF is replied, than those EAD/AP cases which are approved without REF while I140s are still pending.
 
I also received an RFE on my I140 (EB2, concurrent filing) and my AP and EADs have also not been received (everything filed August 2003). My wife and I, however, received the interim EAD at the Chula Vista office in San Diego without any hassles.
 
byomkesh,
you're lucky! i got denined for iEAD because of the "hold".

wantAP,
USCIS is unreasonable. they only picked my case among the 10+ applications submitted by my employer. no rules at all...
 
Chongyip,

When you got that RFE for 140, was your wage higher than the prevailing wage? Thanks.
 
Want_AP

Can you please share your REF detail about past experience? It will help the rest people. Thanks a lot!
 
Daniaku,
I don't think my wage is higer than the preferred wage. I have no idea why I got I140 RFE. There were few other staffs applied at the same time as I did.
 
allaboutgc said:
Want_AP

Can you please share your REF detail about past experience? It will help the rest people. Thanks a lot!
Click to expand...

Here is what is written in the REF letter for previous experience:

--------
Experience: Submit evidence to establish that the
beneficiary possesses the experience listed on the
Form ETA 750 (Application for Alien Employment
Certification). Evidence of prior experience should be
submitted in letterform on the pervious employer's
letterhead showing the name and title of the person
verifying this information. This verification should
state the beneficiary's title, duties, and dates of
employment/experience and number of hours worked per
week. Additionally, please submit copies of pay stubs,
W-2 forms or foreign equivalent for the years the
claimed experience to corroborate the evidence
submitted.
--------
 
I-140 not trackable

Want_AP said:
I am a regular reader to this forum and I really need your help!

Work for my current company for about 4 years. My labor was approved in 12/03 (Master degree + .5 year experience). Filed I140/I485/AP concurrently to CSC in 01/04. I140 was filed as EB3 (A professional or skilled worker) but not EB2 (A members of profession holding an advanced degree). Received I140 REF for previous working experience and company’s 2001, 2002, 2003 tax returns in 03/04. Replied REF with previous working experience, company 2001, 2002 tax returns and a signed letter by company’s authorized person to indicate that the company had filed for an extension for 2003 tax returns in 04/04. Reply to REF was received in 04/04. Company has about 140 employees and its financial condition is good for all those three years. Lawyer may have sent an enquiry for I140 to CSC in 06/04. I have sent first level enquiries for my wife’s AP and my AP in 06/04. No LUD changes. Sent second level enquiries for my wife’s AP and my AP in 07/04. LUD was updated to 07/27/04 but no approvals.

Could someone please answer my questions?

1. Is it true that my wife and I may not be able to get our APs within A YEAR since my I140 could be “on hold” and USCIS may not approve our APs before my I140 is approved? And my I140 may not be approved until my I485 is ready to be adjusted. That date could be a year or two years later. I am really concerned. USCIS may even not give my wife and me emergency APs when there is an emergency situation. What can I do?

2. My 7th year H1-B extension will be filed soon. I am also going to file EAD for my wife and me. Will our EADs also be “on hold”?

Any suggestions/advises will be greatly appreciated!
Click to expand...



Hello, "Want_AP"!
My case is similiar to yours, in that I too received my Perm. Labor Cert. in Dec. '03, and then filed my I-140 (in Jan. '04) at the CSC.
Could you pls. share your dates:
I-140 RD
I-485 RD
I-140 RFE Date (Enquiry, and also response)
Also, are you done with FP?

My application was routed in the EB-2 category (Bachelors' + 5 yrs. experience, even though I have a Master's Degree), and I sent my I-485, in June '04. Since then, I received my EAD/AP in July '04, and am also done with FP.
However, I am facing a different problem; my case is not showing up on USCIS' tracking system, since July. I contacted my Attorney, but s/he responded stating my application is within normal Processing Times - to which I humbly disagree in that Processing Times are not accurately reflected, even while applications are adjudicated (as evident by ongoing action in your case)

Can anyone on this forum pls. provide their insights, and suggest further appropriate action?
 
Semi-conc'nt 04, do you get receipt from INS? If yes and you have your case number, I don't think it's a big problem to not find your case online. I filed my concurrent 140/485 in Feb 2004 but I can see both cases online. Good luck!
 
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