Only RFE cases Approved

M

MagicGC

Registered Users (C)
Looks like only those cases which had RFE generated have been approved (recently).
Some one had posted earlier that if your AOS is pending for more than a year, then according to the standard procedure they send you a RFE for EVL. My case has been pending for around 16 months, but haven't received a RFE ... any ideas on what to expect (Approval without RFE or just wait for a RFE).

- MagicGC
 
Anyone in similar situation

Please post if your AOS is pending for more than 12 months and have not received RFE. Also let us know if you have had a talk with your lawyer/iio and if you have any additional information on this.

Tired of this WAIT .... LOOOOOOOONG WAIT

WAC 02-03
- MagicGC
 
RFE

As I talked to my attorney,
the INS does not send the RFE automatically after 12 months of ND.
When your case being picked up, the RFE would be sent to you.
The approval will require another 2-3 months
even if you would reply the RFE immediately.

For I-485 EB applicants, the INS seems really to ignore the President's backlog initiative that ensures a 6-month processing standard for all applications.
 
hello "magingc"

I'm also waiting for about 17 months. wac-01-282 series. No RFE Yet.

I don't have job currently (laid-off in 12/2002) but i've an offer letter to join a large company on 2/24/03. I'm just wondering what happens if i get approved before i join this new company and do the AC21 transfer.
 
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Robin,

Why are you worried if you get approval before joining new company. There will not be any problem. If you get the approval before joining than don't use AC21.
Yeah, in case if you get RFE or interview then you need to worry but in that case also you can use AC21. So you are safe till you have job.
 
vipsha,

thanks for your prompt responses to our quetions.

The reason i'm a bit concerned is that one of the immigration attorney told me that it could be considered as fraud if we try to get GC while we no longer work for sponsoring company.
AC21 is an exception to that. So he suggested me to find a job asap and use AC21 to update INS. I didn't ask him on how and why this could be a fraud, i'll ask next time i talked to him.

Thanks.
 
Re: RFE

Originally posted by kashmir
As I talked to my attorney,
the INS does not send the RFE automatically after 12 months of ND.
When your case being picked up, the RFE would be sent to you.
The approval will require another 2-3 months
even if you would reply the RFE immediately.

For I-485 EB applicants, the INS seems really to ignore the President's backlog initiative that ensures a 6-month processing standard for all applications.
Click to expand...

So in one way, whenever they pick up a AOS case pending for more then 12 months, they are sure to send a RFE. Guess this call for another wait of 2-3 months after RFE is generated ... and god knows when the RFE would be generated (in short when they would pick up my case).

Good luck to all AOS waiters.

- MagicGC
 
MagicGC,

If I were you, I would keep my fingers crossed. There is no such thing as a format that INS follows. Usually they pretty much do their own thing based upon the mood of the IIO.

If you have been waiting this long, I would say you have even chances of missing the RFE, (lots of people received approvals without it before so nothing to say that cannot happen). So keep your fingers crossed and hope for the best! :)
 
I dont know if it matters...

Waiting for 17 months now.

01-296
ND: Sept 2001
FP : Oct 2002

-junior
 
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