How can I move this along? I-140/RFE

S

stevphel

Registered Users (C)
I am seeing many I-140 RFEs processed in a matter of weeks after they have been received but here we are in March and nothing is happening with my case that was received 12/21/04. My EAD expires on 5/2/05 and my H1-B 6 year limit is reached on 4/29/05.

I am handling my own case and have been holding off on applying for another EAD in the forlorn hope that something would be approved. Can someone provide some suggestions for how to move the RFE/I-140 approval along? Any suggestions would be greatly appreciated :) At this stage, should I apply for an EAD online or via paper? Which is faster?

Here are my vital statistics:

EB-2 Semi-concurrent
I-140 1/8/04
I-485 RD 3/17/04 ND 3/19/04 LUD 12/10/04
EAD/AP ND 3/19/04 Approved 5/2/04
FP 5/4/04

RFE (I-140) 11/9/04

Show 10 years of higher education per LC & employer ability to pay
(bogus RFE in my opinion given EB-2 only requires evidence of advanced degree and I originally sent PhD transcript, employer is major state university)

RFE RD 12/21/04 LUD 12/22/04
 
Apply for the 7th year extention

stevphel,

Don't wait too long for I-140 Approval. Apply for your 7th Year Extention. CSC processing center are very unpredictable for I-140 processing
 
ETA form

It says PhD and 10

The school's admin assistant just copied the 10 years from previous ETA applications - it is not required for the job.
 
H1-B extension

Thanks, GC Desperado

I will look into the H1 extension because I can continue work will it is being processed.

The slight complication is that my wife and 2 children are H-4. My wife is working with EAD which also expires 5/3/05. I suppose it is possible to extend my H-1, renew my wife's EAD, and let my kids fall out of H4 status into adjustee status. Is this a viable strategy?
 
stevphel,

I guess you need to apply for 7th year extention and for the EAD renewal. EAD renewal will take 30-90 days. I don't know about 7th year extention.
You may get your I-485 Approved before EAD is renewed you never But don't take chance. apply for both 7th year extention and for the EAD renewal.

try to get UnitedNation's attention to your thread. I am sure he can help you better.

One good thing about your case is you have EAD. Last year EAD was issued for cases only whose I-140 was approvable.
 
stevphel said:
Thanks, GC Desperado

I will look into the H1 extension because I can continue work will it is being processed.

The slight complication is that my wife and 2 children are H-4. My wife is working with EAD which also expires 5/3/05. I suppose it is possible to extend my H-1, renew my wife's EAD, and let my kids fall out of H4 status into adjustee status. Is this a viable strategy?
Click to expand...

Apply for your wife's EAD extension so that she can continue to work. You can continue to work on H1 as long as you have filed the extension before the current one expires. Check the H-4 validity of your children. You might have to extend their H-4 too. Your wife is no longer on H-4 as she has used EAD to work.

Good Luck
 
Thanks for the help

Thanks for the sound advice, guys!

Does anyone have any idea why this sort of RFE should take so long to process?

Who do we contact to make sure our application hasn't fallen off the face of the earth?
 
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