Niw Rfe-21 March 2005

K

kiran_or

Registered Users (C)
Well, It is kind of shocking for me.
I filed NIW in March 2005 and Today got a E-mail about RFE.
It was too early for me considering its from NSC.
I will post once RFE leter comes.

Need suggestions on following

I have filed I-140 Eb1-OR in october 2004 concurrently. Got FP and biometric done. I got this I-140 approved in JUNE 2005.

NIW was my back up plan and was filed non concurrently. This different situation for me.

Now Please suggest:

1. I beleive I can reply RFE in next 12 weeks but how much time do they give to file I-485 after I-140 approval (again this will be back up plan in case anything goes wrong with current I-485)?

2. Going by trend how much will I have to wait for current I-485?
 
I shouldnot care ideally especially when this one is not concurrent but probably due to uncertainity of things related to I-485.... i need to care and work on it half heartedly.
 
hi Kiran,
Well, Even I have filed NIW as Backup petition and currently waiting for I-485 from my EB1OR pettion. General trend of NSC about concurrent suggests that You might get I-485 more or less in one year of filling. May be you can get before that and skip the chances of sending RFE for NIW petition.
 
kiran_or said:
Well, It is kind of shocking for me.
I filed NIW in March 2005 and Today got a E-mail about RFE.
It was too early for me considering its from NSC.
I will post once RFE leter comes.

Need suggestions on following

I have filed I-140 Eb1-OR in october 2004 concurrently. Got FP and biometric done. I got this I-140 approved in JUNE 2005.

NIW was my back up plan and was filed non concurrently. This different situation for me.

Now Please suggest:

1. I beleive I can reply RFE in next 12 weeks but how much time do they give to file I-485 after I-140 approval (again this will be back up plan in case anything goes wrong with current I-485)?

2. Going by trend how much will I have to wait for current I-485?
Click to expand...

One person only can file one I-485. Even if your NIW is approved, you can not file another I-485 as a back up. Since your OR I-140 has been already approved, you can withdraw your NIW case instead of answering RFE.
 
I beleive Mr Kiran you are aware that you cannot file two I-485.
After I-140 Eb1-OR approval, It is rare chance of I-485 denial unless you have done major blunder with your application.
Still if you want NIW to go on you can delay RFE response and wait for I-485 which I beleive can come any day/month/year.
It is pleasent for petitioner with pending NIW cases that they (NSC guys) are looking at March 2005 non-concurrent cases too.
I can understand your situation, but man you have to stop worrying about I-140 now and wait for good news of I-485.
 
Could you share

Congratulations, Kiran!

Could you tell me a little bit about your qualifications and/or position? And also how did you prove or what kind of documents did you submit to prove that your position is permanent?

Thanks!
 
I am withdrawing NIW!

Well, I got NIW RFE letter but it is essentially talking about everything in general and third prong specifically. It is asking the same stuff while you are new H1 Guy and you have still 4 years so ......etc etc. I am feeling its waste to spend energy on this RFE.

anyway I am planning to withdraw pettion and qiutely wait for I-485 based on my approved I-140 Eb1-OR.

Is this wise decision? please suggest!
 
kiran_or said:
Well, I got NIW RFE letter but it is essentially talking about everything in general and third prong specifically. It is asking the same stuff while you are new H1 Guy and you have still 4 years so ......etc etc. I am feeling its waste to spend energy on this RFE.

anyway I am planning to withdraw pettion and qiutely wait for I-485 based on my approved I-140 Eb1-OR.

Is this wise decision? please suggest!
Click to expand...

I would do the same thing. You need just one approved I-140 to get your Green Card.
 
No need to worry too much about I-485 approval

I would do the same and withdraw the NIW petition. I don't think you need to worry about your I-485 not being approved. In other words, if an I-485 application is denied, it's not because of the specific I-140 petition attached to it, but bureaucratic "paperwork" like false evidence (tax returns, etc.), no current employment, or if there's a period of time you were out-of-status in the US. Therefore, if the I-485 that you sent along with your first petition is denied (due to such reasons), it will most likely be denied with an approved NIW petition, or any other petition.

Just my opinion-- I'm not a lawyer; I don't even play one on TV!

GOOD LUCK!!
 
Well, I agree withdrawl is wise decision:before withdrawing mine i thought of following: Half hearted attempt may result in denial which might (might!!!) not be good for filling any forms about pettions in future. Like extension of H1B etc or any international VISA.
 
You must log in or register to reply here.
Top