I140 RFE, EAD & AP still on hold....

UN,
Once again, thanks for your speedy response. I did read thru those memorandums. However, i have another question for clarification purpose. Is it possible that I-485 applications receive RFE? Is so, is it employer related RFE or independent applicant related RFE (does not need to go thru employer to answer)? I'm just not sure where the employer's part in the whole process stops, and don't want to make the mistake of quitting my job and having to go back to them later on for my immigration paperwork!
 
UN,
Just to update you, we finally received my wife's EAD yesterday (1/21/05) . It was really terrible trying to get an answer from USCIS. First, i received the email about the RFE, but did not receive the RFE after about 14 days. CAlled up my attorney and he said he did not received anything. So, i called up USCIS and told them to resend RFE. Received a letter from USCIS about 2 weeks later telling me that my case was on hold because of RFE and that USCIS cannot proceed until they hear back from me! I called back again and tried to tell them i need the RFE, not a case status, but was told that there is nothing they can do about it and i have to wait another 30 days from my first phone call before i can make another request! I tried to reason out with USCIS saying i DID received a response but it was not the correct response and asked if they can maybe tell me what the RFE is for. She insists that i have to call back after 30 days! I was so mad because if every little thing means a 30 day wait, then time is running out for me. So i called the lawyer again just to make sure he did not received the RFE (although i asked him 2 times already) and BINGO, he said he received it! All the hassle was for my wife's driver's license and passport pages (we submitted all these in the earlier application not sure why they asking for it again)! Anyway, her EAD was approved after about a week. The good news is, our 140 got approved a week after the EAD was approved (1/24/05)! Still waiting for the approval letter now. Now, does it means that my I-485 will have no problems? Also, what does LUD means? Thanks especially for your support and answers to my many questions!
 
UN,
Another update. Got FP request via mail today. Strange thing is, no LUD change on both (wife and me) 485 application. Anyway, will go for FP on 4/14/05. Thought i'd drop you this message because you helped me and probably half the people in this forum! Thanks again.
 
Replied I-140 RFE and HOLD on EAD receipt

Hi,

I am regular reader of the forums. I found you get lots of tips and advices from this forum members.

I wanted to know why there is no response for my REF(ability to pay), which replied on 2/1/05. My EAD is getting expired by 3/29/05 and lawyer filed extension on 1/18/05 until now there is know receipt.

I that like if you have RFE pending your EAD also put on hold.

I am wondering why its taking much time after the reply . Any Thoughts?
my I-140 LUD is changed twice one for receipt 2/5/03 and 2/10/05.

-------------------------------
I-140 RD 1/30/05
485 RD 1/30/05
RFE I-140 11/17/04 and replied on 2/1/05 recived 2/4/05.
EAD extension 2/18/05.
 
Unitednations,
I am new this forum
I have one question what happen if your I140 have RFE and if gets denied after the RFE, does your EAD get invalid?

If I make appeal for the case will it make me and my family's EAD valid?

if not
what are other option?
can I appeal at same time to EB2-NIW case so that my EAD remains valid.

My company is not wiling to sponsor for my EB1 application they have applied for my EB2 case but my labor is pending for last 3 years.

I have read many articles from you, plese help me.


thanks
 
thanks unitednations for your information
If I apply for new I140 for EB2 -NIW before my RFE for EB1 and use same I485 then I should able to use EAD until my next RFE for EB2-NIW comes?


unitednations said:
it is a very gray area.

according to uscis, they issued a memo in february 2003 that stated if 140 was denied then all collateral applications are denied. One cannot use ead until the 140/485 is reopened.

If they do deny and they consider the EAD dead, you can work without authorization for upto 180 days before you would be considered inadmissable in future greencard applications.

I'm attaching a PDf from aila regarding EAD and denial of 140. there are many other items in there and they question uscis interpretation of their position.
Click to expand...
 
Thanks a lot UN

UN,
I'm not sure if you saw my other post from about a week ago. My 485 was approved and i have scheduled an infopass appointment with USCIS this Thursday. Anyway, thanks a lot for your help. It has been a pleasure knowing you in this forum. I'm assuming that at this point i'm free to change job (did not receive actual GC yet) right? PLease let me know if it is otherwise. Once again, thanks for your valuable help!
 
Thanks

UN,
Thanks. Come to think of it, it doesn't make sense that one can change job after the approval of I140 but will run into problems when he change job after approval of I 140 and I485! What do you think?
 
Ead/140

Hi UN,

I got EAD and AP approvals without any issue, but got RFE at 140 details of which I've discussed in thsi forum. If they check 140 before issuing EAD , or as you mentioned they will put hold on EAD/AP didnt happen in my case, I think they issue EAD if things related to EAD is ok, and the do not check 140.



unitednations said:
I was wondering what happened to you?

Good thing is that EAD got approved. If there was something wrong with the 140 then they would have put a hold on EAD/AP.

The recent approvals from california seem to be concurrent. Therefore, you may be in for a little wait.
Click to expand...
 
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