Please help me, ginnu or ther guru

[snowbupt]

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.

 

[PrinceofJungle]

My dear friend,

Don't mess ur pettitions just because u are confused.... and if possible always choose ONE BOAT to ride (u und what I mean?).. and second always try to get copy of all pettitions ur attorney sends. the best way is office seceratary or other staff. keep in touch with them.

The reason I am saying if result of your extra efforts makes them (immg officer) comfues then it might show flag on ur case. so keep it simple. send any info whaterver they ask only, don't try to explain what they don't asked or don't want to know. this make confususion. bottom line .... MAKE UR CASE VERY SIMPLE . and don't worry relax and be patient.

I like to advice get an experienced Attorney if u are not feeling comfortable. and this help pease in mind.

I am not Khanna jee client ... but try him if u like. seems experienced to me.....

Good Luck!

P.O.J

 

[snowbupt]

Dear friend,

Thank you for your post. You mean that I just follow what my lawyer said and filed another I-485/131/765 and do not write to BCIS myself, right? If BCIS can transfer my I-140, that will be great for me: save time. But my lawyer is not sure about it and he ask me file another. I totally agree with you on using ONE BOAT, however I should have a simple but safe boat.

Can you send me the contact information of the lawyer you mentioned above? My email is snowbupt@yahoo.com

Thanks

 

[ginnu]

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.
---- The mistake of lawyer or you. You should send the I-485 receipt copy and copy of approved I-140 and request BCIS to link up both the petitions and particular I-485# should be approved on the base of I-140#
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.
---- I don’t believe in your lawyer, no need to file other I-485, he is just after the fees. Go to good lawyer and file I-140 substitution with pending I-485
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?
-- YES
If yes, and suppose both EADs were approved, which EAD should I use for my safety, the extended EAD or the new one?
---- you can use any EAD till its validity date
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?
---- Better go to good lawyer let him/her draft the letter to BCIS
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?
------ change the lawyer and you need a good lawyer to handle your situation, better post where you are and many will give link to good lawyers in your area or cantact Sheela Murthy(MD) , Rajiv Khanna(VA) Cyrus Mehta(NYC)