I-140 July 2002 RFE Lost in mail

[axs2004]

My I-140 application was filed with the Vermont Service Center on July 17, 2002. On June 17, 2003, the USCIS sent out a notice requesting more information, however, this request never reached my attorney’s office. My attorney followed up to ensure that the address was correct, and filed a request to resend this request.

On Dec 1, 2003, the USCIS sent out another notice requesting more information. This notice has again not reached my attorney, and my attorney has filed a request to resend this notice. After waiting about 3 months, my attorney has filed for a problem case inquiry through the American Immigration Lawyer's Association, due to the lack of response and the fact that the case is long overdue.
This I-140 application is still pending approval.

What could be the problem? Has anyone experienced a similar dilema.

I have since got my EAD, and would like to change employers. My lawyer advises me that it should be safe, as the USCIS has internally issued a memo that the I-485 portability after 180 days of the application applies even if the I-140 hasn't been approved.

Any help will be appreciated,

- Andy

 

[vcb]

Andy,

you can ask your employer to call BCIS directely to track missing RFE documents.

regarding following statement, I never heard any thing about internal issued memo about AC21(180 days portbility). you better check with other sources before u want to switch employer.

"My lawyer advises me that it should be safe, as the USCIS has internally issued a memo that the I-485 portability after 180 days of the application applies even if the I-140 hasn't been approved."


Hope this information helps

Tks
VCB