Question???Concurrent Filing???RFE

Explorer19

Registered Users (C)
Hi Folks
Let us suppose that there is a typical situation like this:

The Situation:

someone concurrently applies for I-140,I-485, EAD,AP.
Then his/her EAD and AP are issued.
I-140 still not approved
I-485 still not approved

The Evaluation:

since his/her EAD/AP are issued, it most probably means that preliminary evaluation has been done on I-140 and I-485 and since no RFE was generated, all the documents might be perfect for case approval.

The Question:

because his/her EAD/AP are approved without any RFE, does that mean he/she will not be issued any RFE again when it comes to making a decision on I-140 down the lane? and his/her I-140 will be approved without any RFE? or is there any chance of generation of RFE again?


Any inputs are appreciated
 
I don't think so

We would like to hope that but.....

As the term says - its cursory review.

They just review that all the required documents are there and they don't look phoney on the first look.

May be something like:

Original labor
All the experience letters
Degree Evaluation
Company Tax Returns

etc. are there and there does not seem to be any prima-facie fraud.

There is every chance (particularly going at the current rate of more than 50% of the cases) that an RFE will be generated even in such cases.

Anyone else thinks otherwise?
 
Agree,that what going on, spec. with substitution case and not only that but denial rates for such cases is really high now.

god save us..........
 
Originally posted by manoj2003
Agree,that what going on, spec. with substitution case and not only that but denial rates for such cases is really high now.

god save us..........
Manoj...
The information you have provided is wrong! From where did you get the info that substitution cases get more denial than regular cases?

BCIS doesn't categorize the cases as regular and substitution. If proper documentaton is submitted, a substitution case has the same fair chance of approval as a regular case.

HTH
dyno
 
believe_in_self is right!
More than 50% of 140s get RFEs generated (which includes sub and regular). The cursory review of dicuments doesn't guarantee a complete thorough checking of the documents. So an RFE might get generated when the case comes to review for approval. There is no guidelines which governs, when to generate an RFE.

So its gamble as usual with BCIS

hth
dyno


Originally posted by Explorer19
Hi Folks
Let us suppose that there is a typical situation like this:

The Situation:

someone concurrently applies for I-140,I-485, EAD,AP.
Then his/her EAD and AP are issued.
I-140 still not approved
I-485 still not approved

The Evaluation:

since his/her EAD/AP are issued, it most probably means that preliminary evaluation has been done on I-140 and I-485 and since no RFE was generated, all the documents might be perfect for case approval.

The Question:

because his/her EAD/AP are approved without any RFE, does that mean he/she will not be issued any RFE again when it comes to making a decision on I-140 down the lane? and his/her I-140 will be approved without any RFE? or is there any chance of generation of RFE again?


Any inputs are appreciated
 
I got RFE

And I am concurrent/labor subs with EAD and AP approved (twice)
DO NOT assume you will not get an RFE, I got one, many do.

( RFE was for full copy of subs labor documents )
 
Re: I got RFE

Originally posted by jafa1
And I am concurrent/labor subs with EAD and AP approved (twice)
DO NOT assume you will not get an RFE, I got one, many do.

( RFE was for full copy of subs labor documents )

Did the approved labor matched your qualification? By matched I mean verbatim?!

dyno
 
I'll have to dig it up and have a look - But as I remember the job description on the labor was not overly specific says "programmer Analyst" blah blah blah - no specific technologies.

As for education, it says the other fellow had done a computer Science degree. I have Electrical Engineering with extra course work in computer Science. But I think its a very close match overall.

I am worried that the subs labor is actually for a differenct state to where i work - but the labor state is the state where the company head office is.

I just can't work out why they are taking so long to process the RFE - These things used to be very fast.
 
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