NSC I-140 RFE Experiances

Guys: Have not been able to talk to my laywer but my HR rep did. Now she has no idea what he told her..went over her head. I think what she gathered is that USCIS is telling my lawyer to convert the case from EB2 to EB3. :(
Here is my Q. Will they expect us to re-file or do they just convert from EB2 to EB3? We barely made the dates to file concurrently. If they ask us to re-file, me and my wife shall not be able to get benefits of EAD/AP and that would be such an unfortunate thing. I shall talk to the lawyer on Thursday where he is going to explain things to me.
Until then I am worries...will I have to re-file and loose 485 benefits? Or does USCIS simply convert EB2 to EB3? Thanks
 
newbee

newbee here wants to join the tracker.
___________________________________________

LC : ND :07/12/05
LC : AD : 08/25/05 (Eb2-perm)
I-140/I-485/EAD/AP ND:09/15/05
I-140 : AD : 10/03/05
EAD : AD : 10/20/05
AP : AD : 10/20/05
I-485 : ??????
 
Address change and LUD

Hi,

I have a general question.. My home address changed recently and I sent the AR11 form with the new address.

Around the same time I replied to my 3 yr Edu RFE (I-140 NSC)

And my LUD changed on I-140 and I-485?

My question- Is the LUD changed because of AR11 OR Reply to RFE?

Anyone has similar experience... Its already been more than week no other update on the case???/

Thanks
 
kukuchaku said:
Hi,

I have a general question.. My home address changed recently and I sent the AR11 form with the new address.

Around the same time I replied to my 3 yr Edu RFE (I-140 NSC)

And my LUD changed on I-140 and I-485?

My question- Is the LUD changed because of AR11 OR Reply to RFE?

Anyone has similar experience... Its already been more than week no other update on the case???/

Thanks
Click to expand...
If you filed your AR11 to the correct address, then it goes to London, KY, which is totally different from USCIS. London's work involves more like "anti-terrorism" and it doesn't update USCIS's database about your address change at this time (it was supposed to do that job, though). So, in addition to AR11, you should call USCIS or write to them separately to notify your change.

So, your LUD changes should have been caused by the RFE, but I don't understand why your 485 was also updated... Were you affected by the retrogression?
 
Last edited by a moderator:
as far as i know, it's not bcoz of AR11. u may want to be cautious as the LUD on both 140 and 485 changed together. usually thats a bad sign if u r under retrogression and still the LUD on 485 changes.

i had the same situation and later found that my case was denied bcoz of education.

Good luck!
 
Right. I was going to say what bunny01 said, but didn't want to scare you... If you didn't see any online status change within a week of 140 and 485 LUD changes, then be prepared...
 
Madison04 said:
If you filed your AR11 to the correct address, then it goes to London, KY, which is totally different from USCIS. London's work involves more like "anti-terrorism" and it doesn't update USCIS's database about your address change at this time (it was supposed to do that job, though). So, in addition to AR11, you should call USCIS or write to them separately to notify your change.

So, your LUD changes should have been caused by the RFE, but I don't understand why your 485 was also updated... Were you affected by the retrogression?
Click to expand...

When you send AR-11 all your pending petitions will be updated. LUD will change on all pending petitions without any status change. This happened to me. But I did not have an RFE at that time.
 
sbss said:
When you send AR-11 all your pending petitions will be updated. LUD will change on all pending petitions without any status change. This happened to me. But I did not have an RFE at that time.
Click to expand...
Wow, it's good to know. Because that's different from what I read from all other guys. Anyway, to play safe and avoid 485 being denied due to a no-show at interview, I did both.
 
I-140 Denial Notice..

HI,

Thanks guys for all your posts.. The last LUD was not because of the address change... It was for I-140 denial...

Today morning I got an email from my lawyer. He is saying my I-140 got denied ( 3 year education). No surprise here because I was expecting that..

Now he recommending to appeal the case. It depends on my employer now if he wants to appeal or just let me go.. pretty emotional decision.. (for both :) )

My another labor application is pending for more than 1 year now in backlog center.. Curretnly workin on EAD. 6 yr H1 completed in FEB 2004.

So any innovative idea's guys??

If I find one I will let you know.

Thanks
 
kukuchaku: Sorry to hear about your 140. I cannot offer any advice but I have to credit you for still being optimistic and sounding balanced! Two days back, I heard that my EB2 140 might get converted to EB3 140 and I am so disappointed! I shall loose 485 benefits that I just got the emails for! I just wish I was as optimistic as yourself. Good luck.
 
Today I got an email that AP was approved as well. Sadly it might be a moot point again for me as I am hearing that 140 RFE expects me to convert EB2 to EB3 which would make both EAD and AP useless for me :(
 
Plese provide you educational background

dcmetro22042 said:
Today I got an email that AP was approved as well. Sadly it might be a moot point again for me as I am hearing that 140 RFE expects me to convert EB2 to EB3 which would make both EAD and AP useless for me :(
Click to expand...

Hi dcmetro22042,

Could you please let me know your educational background and what type of RFE that you did get on your I-140?. Since I have also filed my I-140/I-485 concurrently in EB2 at NSC with the ND of 10/13/05. I did my bachelor's (3yrs.) and Masters in Computer Applications (3yrs.).

Thanks in advance.
 
Rfe

My husband aplied in EB1-1 got RFE for 140. Replied RFE which was received by INS on Aug 10th. Aug 11th they changed the response to ''received RFE and will mail the decision and it is taking 150-180 days etc'' But we havenot heard anything from INS till now. Does it mean they would deny the application as it has been more than 2months.

Please help
 
Why my 140 got rejected??

Hi,

I did my Bachelors in Electronics + MBA. My ETA 750 has requirement as 4 years bachelors degree.. that's why mine got rejected. USCIS wanted single source degree..

I don't know where you fit in with your Bachelors degree.. It depends on your ETA 750 Part 14. However I personally think you are fine... You have little advantage that you have masters in IT.. that might help your case

Wish you best luck..



perm2005 said:
Hi dcmetro22042,

Could you please let me know your educational background and what type of RFE that you did get on your I-140?. Since I have also filed my I-140/I-485 concurrently in EB2 at NSC with the ND of 10/13/05. I did my bachelor's (3yrs.) and Masters in Computer Applications (3yrs.).

Thanks in advance.
Click to expand...
 
HI Metro,

HUmmm.. Is it going to change your 485 benefits if that happens? It must not be true.. find out from a good lawyer.

Considering other folks and their immigration problems I think I am much more fortunate… I learned a lesson that you need a very very good lawyer if you want your case to be approved..

Wish you best luck.. and thanks for your reply..


dcmetro22042 said:
kukuchaku: Sorry to hear about your 140. I cannot offer any advice but I have to credit you for still being optimistic and sounding balanced! Two days back, I heard that my EB2 140 might get converted to EB3 140 and I am so disappointed! I shall loose 485 benefits that I just got the emails for! I just wish I was as optimistic as yourself. Good luck.
Click to expand...
 
olympics2008 said:
My husband aplied in EB1-1 got RFE for 140. Replied RFE which was received by INS on Aug 10th. Aug 11th they changed the response to ''received RFE and will mail the decision and it is taking 150-180 days etc'' But we havenot heard anything from INS till now. Does it mean they would deny the application as it has been more than 2months.

Please help
Click to expand...
Don't worry too much. I saw at least two other persons on this forum who're in the same boat. There is no reason to judge the fate of a case according to how long it sits on USCIS's shelf. Since your RFE has already filed for over 60 days, I think you're qualified to call in for an inquiry. It may help.
 
Need help with I140 possible rejection!

Guys,

I've gone through the discussion and am getting worried about my position. I'm on a 8th year H1B and just filed for I140 (after 3 years of waiting for Labor). I've a 3 year BS degree and the education evaluation that was given says my 3 yrs BS degree + experience is equal to a US BS degree. Looking at the posts here and other forums, it looks like my I140 would be denied. I'm not sure if my employer would file a MTR :(

If I140 is rejected do I have to leave the country? Can I file for a Perm labor from another company, hopefully get it and file for I140 and get a H1B extension using that? How about filing for I140 using substitution labor?

Any thoughts and pointers would be highly appreciated.

Thanks,
Ashok.
 
Hi dmashok,

u have not received a RFE yet. if at all u receive it, u would have 90 days to reply. and then even if ur case gets rejected, u would have 30 days to reappeal.

my point is, use this time to file another labor under PERM with ur same employer or another employer as a back up. i hope u do have H1-b extn. and r not working on EAD.
but if u r working on EAD, i am not quite sure of the options left for u. Well, u can still start a new Case. U need a GOOD attorney to look into ur situation. Goodluck,...

btw, some hope for u. I'm in my 9th yr of H1 and my 140 got rejected last month. i reappeallead again. starting a new case under PERM as back up. the good thing i did was, never used EAD and AP. i have my H1 for another 1 yr.

Good luck.....
 
rfe

Madison04 said:
Don't worry too much. I saw at least two other persons on this forum who're in the same boat. There is no reason to judge the fate of a case according to how long it sits on USCIS's shelf. Since your RFE has already filed for over 60 days, I think you're qualified to call in for an inquiry. It may help.
Click to expand...
Thanks Madison
But what kind of inquiry. I called the 800 number but it is just a recorded message. Thanks again for replying to my query
 
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