Hi ginnu or other guru,
I once posted my case a few weeks ago, and something which surprised me happened since then. Here is my situation and questions. Many thanks for your help.
¡°I filed two I-140s on May 2002 in VSC Center, one is based on NIW, the other is based on EB1A. I filed a I-485 based on pending I-140 based on EB1A on September 2002. However my I-140 based on NIW was approved while EB1A got a RFE (deadline is 12/06/2003). My lawyer told me not to respond RFE. He sent a letter to INS and asked them to link my I-485 to the approved I-140 on Aug. 10, but got no respond now¡°
However, after checking with my lawyer through several phone calls. I surprisingly found on last Friday that my lawyer did not tell them my I-485 receipt number in his letter! Also he has no copy of the letter left. The I-485 Receipt was sent to me directly and he has no copy of it. A friend here mentioned to hire a local lawyer in Vermont to inquire BCIS directly. But my lawyer did like the idea and said that it would hurt his reputation. He strongly suggested me to file another I-485/765/131 using approved I-140 for my safety. He said he would also work to transfer different I-140 between I485 meanwhile.
Currently I am H1-B, and did not use my EAD so far. Both my Visa and my current job will expire by 12/26/2003.
Here I have a few questions:
1. I just applied to extend my EAD card based on my pending I-485 a few days ago. If I file new I-485/765/131, then I might get a new EAD card, is it allowed? If yes, and suppose both EADs were approved, which EAD should I use for my safety, the extended EAD or the new one?
2. My lawyer is not very careful and sometime I did not believe what he said (For example I warned him to attach the copy of my I-485 receipt in his letter, and he said he did but in fact he had no such a receipt). So it is a good idea for me to write to BCIS for such a transfer?
3. Since we do not responded the RFE, is it a good idea for me to write a letter to BCIS myself, and tell them to withdraw the I-140 and request them to transfer I-140s so that this request can reach the officer adjudicating my EB1A?
4. If I write the letters while my lawyer also did same thing (I am not sure he will or not), does it cause any problem?
5. Would you like to see the following letter is OK for transfer I-140s between I-485?
From:
Address
Pending I-485#
A#
Approved I-140 #
To,
USICS
ABC Service center
RE: Request to use approved I-140 to replace pending I-140 for the Pending I-485
Dear Sir/Madam,
I am writing this letter to request to use approved I-140 *** to replace pending I-140*** for the Pending I-485***. Please approve my I-485 application based on the approved I-140 ***. Please find attached the copy of I-485 receipt and the approved I-140 ***.
Thank you for your assistance.
¡_.
Thanks again for your help.
I once posted my case a few weeks ago, and something which surprised me happened since then. Here is my situation and questions. Many thanks for your help.
¡°I filed two I-140s on May 2002 in VSC Center, one is based on NIW, the other is based on EB1A. I filed a I-485 based on pending I-140 based on EB1A on September 2002. However my I-140 based on NIW was approved while EB1A got a RFE (deadline is 12/06/2003). My lawyer told me not to respond RFE. He sent a letter to INS and asked them to link my I-485 to the approved I-140 on Aug. 10, but got no respond now¡°
However, after checking with my lawyer through several phone calls. I surprisingly found on last Friday that my lawyer did not tell them my I-485 receipt number in his letter! Also he has no copy of the letter left. The I-485 Receipt was sent to me directly and he has no copy of it. A friend here mentioned to hire a local lawyer in Vermont to inquire BCIS directly. But my lawyer did like the idea and said that it would hurt his reputation. He strongly suggested me to file another I-485/765/131 using approved I-140 for my safety. He said he would also work to transfer different I-140 between I485 meanwhile.
Currently I am H1-B, and did not use my EAD so far. Both my Visa and my current job will expire by 12/26/2003.
Here I have a few questions:
1. I just applied to extend my EAD card based on my pending I-485 a few days ago. If I file new I-485/765/131, then I might get a new EAD card, is it allowed? If yes, and suppose both EADs were approved, which EAD should I use for my safety, the extended EAD or the new one?
2. My lawyer is not very careful and sometime I did not believe what he said (For example I warned him to attach the copy of my I-485 receipt in his letter, and he said he did but in fact he had no such a receipt). So it is a good idea for me to write to BCIS for such a transfer?
3. Since we do not responded the RFE, is it a good idea for me to write a letter to BCIS myself, and tell them to withdraw the I-140 and request them to transfer I-140s so that this request can reach the officer adjudicating my EB1A?
4. If I write the letters while my lawyer also did same thing (I am not sure he will or not), does it cause any problem?
5. Would you like to see the following letter is OK for transfer I-140s between I-485?
From:
Address
Pending I-485#
A#
Approved I-140 #
To,
USICS
ABC Service center
RE: Request to use approved I-140 to replace pending I-140 for the Pending I-485
Dear Sir/Madam,
I am writing this letter to request to use approved I-140 *** to replace pending I-140*** for the Pending I-485***. Please approve my I-485 application based on the approved I-140 ***. Please find attached the copy of I-485 receipt and the approved I-140 ***.
Thank you for your assistance.
¡_.
Thanks again for your help.