Impact of Delayed Reply to RFE on I140 processing

1

1993Megh

Registered Users (C)
I have my I140 (EB3/RIR) submitted at Vermont with a RD of 06/06/2002 (Yes!!! it is 2002 and NOT 2003)
I got an RFE(educational eval - I have a 3yr degree with >7yrs experience and LC states a 4yr degree) on 07/05/2003 and my lawyer waited for almost 5 months before replying. According to him the reply was sent within a month but the online system was not updated. He sent the documents again and the online status changed. Currently the online states that the response was received on 11/24/2003. I was expecting an approval (or denial) within 4-6 weeks but nothing has happend. Has anyone else faced this situation?. What happens to delayed reply to RFE. Does the I140 get denied??
 
how did you lawyer reply to the RFE....u have a 3 yr degree whereas the LC states 4 year req. Iam also in a similar situation. He did he tell you ?
 
delayed rfe response

Concurrent I-140/I-485, EB2
ND = Nov 2002
RFE = Nov 2003

I got an rfe on above stated date and it was clearly written on it that if the response was not received within 90 days (which was Feb 9).. then the I-140 case will be considered cancelled (or something thereof).
However as ur online status does show it has been received then you should not worry about it getting cancelled. It has been more then 30 days for me that there is no response from them.. typically previously it was much faster.

Hope this helps,
Rhino.
 
DOLDelay, I have a 3yr degree from India and also a one year diploma which was accredited to an american university. My lawyer showed that the 3yr BS + 1 yr diploma adds up to 4 yrs and is equivalent to a 4yr BS.

rhinohere, thanks for your reply. I know that the RFE states that if a reply is not received within 90 days then the I140 will be considered abandoned. However, I was wondering whether there is anyone out there who is in a similar situation as I am where their RFE was replied later.
 
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