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Neo and other guys waiting for amended I-140, here is my inputs based on my own experience as well as others:
Mine case got a RFE for amended I-140 due to company name change, RFE sent on 1/29, we replyed RFE on 2/16, got a new WAC # for I-140, AVM claim that application for this I-140 was received on 3/13. AVM updated on I-485 case claiming receipt of RFE on 3/8, but this AVM wasn\'t updated until May.
At one time, it says only take 0 days for RFE and then the message changed back to 975-999 days after one or two days. As to I-140, it says 30-60 days.
Here is my conclusion from my observation:
1. AVM update is totally depending on luck. Somebody here the updates very quickly, somebody, like myself, waited more than 3 months to here the updates. But even if you don\'t here the updates, doesn\'t mean your case is not received. But you should make sure to check with INS before your \'reply deadline\' pass (Which I believe is 80 days from your RFE date) that they do get your reply, or else your I-485 case will be cancelled.
2. There is no such a thing as Amended I-140, it\'s basically a new I-140 and we have to wait in the pipeline unitl that case is approved. I saw on this forum that 2 guys who were in the same boat got their RFE approved only after their amended I-140 was approved. How long do we have to wait? Check the CSC JIT report, there\'s a different processing date for EB2 and EB3 and EB1, if you are a EB3, you are luckier, as the current processing date is 3/30. If you are EB2, the current processing date is only 2/21!!! Mine is EB2 so I am patiently waiting for my call...
3. After your amended I-140 is approved, the approval will automatically go to the agent who\'s handling your case.(yes if you get an RFE your case go to the RFE pools and is separated from the other pending I-485 cases). But to be safe and to expedite your case you should send a copy of the approval notice to where you filed your RFE reply, and then pray, hopefully, they will look at your case soon and approve it.
4. Current 180 day switch employer law only applies to people who changed employers, it doesn\'t say anthing about merge/company name change, I don\'t know if the INS have even thought about giving any guidance on our situation. Anyway, if they do, I believe it will be very slow. The current 180 day rule has a lot of ambiguity and conflict with the base of labor related immigration - which is the intention from both you and your employer that you are going to work for the company parmanantly!!! If you change job, how do you prove that your intention is to work for the company parmanantly?? I don\'t see how, unless the root of this immigration is changed and they don\'t require this kind of intention to get GC. Anyway, this is a gray area and I will be very careful when jump ship, we have already waited so long and be so close, why can\'t we wait things to be more clear to make decisions?
Good luck to every one that has got RFE!
Smile :0)