How to get RFE detail? Please help

painful140

Registered Users (C)
Hi everyone,
I just got email about the RFE for my I140 yesterday. My I-140 Rd is Sep.2 2003, Sub-EB3. I submitted I485 in Jan.9,2004. Sent AC 21 letter in August 9,2004.
My case is complicated, I posted my case detail before in the forum ( I got a lot of valuable advice, thank you so much). my case short detail: I was laid off in the beginning of June, 2004. Meanwhile, my ex-employer sent the withdrawn letter to INS in July, 2004. My ex-employer won't tell me the detail of RFE ( since he decided not to suppot my GC process after i left the company), niether does this company's lawyer ( this lawyer was hired by my ex-employer, i don't think he will tell me about any detail).
Here is my questions:
(1) is there anyway that I can get the RFE detail? Can I request the copy of RFE from INS by myself?
(2) Can I reply the RFE by myself or I can hire my own lawyer to handle this case? not through ex-employer lawyer?
(3) what's the chance I can get my I-140 approval?

i thought it's no hope about this I140 before yesterday, but after i got email, I think maybe i still have chance to get the I140 approval. Here, I want to encourage everyone who is in my similar situation hang in there. Like my case even the ex-employer sent the withdrawn letter, I didn't get denied letter. I don't know what will happen in my case. Just tried to do my best to let this i140 approve, so I don't need to startover LC again ( since i have wasted my 3 years in this ex-employer).

Please help and give me any advice that you think it may apply to my case. Thank you very much.
painful140
 
Painful140,

Ask your current lawyer to send some kind of notification that he is currently incharge of the I-140 and I-485 cases to USCIS. Ask him to follow up with USCIS about RFE details. You can try to call 1-800 number to check if you can get some useful details.

My two cents ...

Thanks,
-Honeybee
 
painful140,

here are my answers to your question:

1) I recommend you use all means to obtain the RFE details. Try telephone call to the service center. Another way is to try FOIA: http://www.immigrationportal.com/showthread.php?t=116194

2) You need to work with your new employer and its atterney closely to reply the RFE ASAP. Stating that "at the time you submitted the I-485, it was your intention to remain with your initial employer indefinitely". Cite AC21 and your new employer intend to employ you indefinately.

3) I am not sure how to get your old employer to share with you the RFE details. Maybe it's unethical, but legal.

4) last resort is to get help from your state senator or local representitive. I'd also recommend to contact AILA for their help. It's the best if your new atterney is involved with AILA.

Good luck. It'd be nice if you can send me a private messge of your contacting email. I have similar situation as yours and would be nice to keep in touch.
 
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