Question for UnitedNations (or anyone)

S

stevphel

Registered Users (C)
Hello,

For some reason the RFE on my I-140 was sent to me and not my employer. I am filling out the paperwork myself and have no lawyer retained (although I consulted with a lawyer before submitting the LC and I-485, silly me to think the I-140 would be simple!)

The RFE requested evidence of 10 years of education and employer ability to pay. I gathered the required information (obtaining an equivalency report that equated my 4+2+4 years of degree studies in Australia was equivalent to 10 years of US higher education) and a letter from the CFO of my major state university. I then forwarded the information back to USCIS in the envelope they provided with a nice covering letter.

Is there any chance any of this will come back to bite me? For instance, because the university's original petitioner did not respond to the RFE? Just wondering because it has been nearly 11 weeks since they received the response. Who can I call to find out what's going on?

With thanks
stevphel

EB-2 Semi-concurrent
I-140 1/8/04
I-485 RD 3/17/04 ND 3/19/04 LUD 12/10/04
EAD/AP ND 3/19/04 Approved 5/2/04
FP 5/4/04
RFE (I-140) 11/9/04
RFE RD 12/21/04 LUD 12/22/04
 
Thanks

Thanks for the great info, UN. :) It was not a labor substitution case. The DOL ruled on my quals for the LC (which was granted with no problems). I also had all my degrees before the LC was filed.

For some $%@$^ reason, the CSC thought they would do the DOL's job again. I just sent my PhD transcript because all EB-2 required was evidence of an advanced degree in the professions. They then wanted my whole education history because Box 14(?) said PhD and 10 years.

Is there any boilerplate for how to make an expedite request? Are the numbers you gave fax numbers or phone numbers? What will an expedite request achieve - in theory, practice?

Sorry for all the dumb questions - I just can't seem to find the answers on the boards.
 
Last edited by a moderator:
Thanks, UN

Thanks for the clarification. I'll see what trees I can start shaking on Monday.

I read your own case history and sympathize with the trouble you had. I am Australian with a 3 year degree + 1 honours year.

IMHO, a 3 year Commonwealth degree is more advanced than a 4 year US degree because Commonwealth students start specializing in the 1st year of their 3 year degrees whereas US students do 2 years of general breadth education followed by 2 years of specialization.

You provide a great service by helping with requests on these boards long after your case has been approved. You deserve a medal (or at least let me buy you a drink in Vegas next time you are here) :)
 
Wow, it worked!

Called the CSC emergency line this morning. After a bit of reluctance, the operator told me that my file was delivered to an officer's workstation on March 2nd. I feel better that someone might actually be working on my case. :)

EB-2 Semi-concurrent
I-140 1/8/04
I-485 RD 3/17/04 ND 3/19/04 LUD 12/10/04
EAD/AP ND 3/19/04 Approved 5/2/04
FP 5/4/04
RFE on I-140 (education, ability to pay) 11/9/04
RFE RD 12/21/04 LUD 12/22/04
 
UN,

Canada has a similar point system, which is also a lot more friendly than the US system. 13 years of high school?! Wow! I thought 4 years was tough :) So are u planning on moving to Australia? Are u waiting on 485 approval?
 
Hi unitednations,

I need a valuable insight based on your experience.
I called last thursday, 1/3/05 emergency number to check I485.
A nice gentlement said that a name check is cleared in Jan. the case is on officer's desk and decision will be made in couple of days.
I called again on Friday and cold lady saying that you are calling again and don't call in 4 months.
I know I am inpatient but the call on Friday was giving me bad feeling.

Can you give me your thought about my case and followings:

1. The calls to emergency will give negative impact on my case?
2. Operator for emergency number can also be an officer?

RD: I140, I485: 6/4/05
LUD: I140: 3/3(inquery call)
LUD: I485: 10/27/04(mass), 1/7/05(renew EAD?), 1/10/05(update name check?), 3/7/05(inquery call)
Approvals for I140, I485????
 
UN - Please

Hi UN,

You are knowledgable and apart from that you have more patience. I appreciate your help.

How long does CSC take to make decision after they get the response for I-140 RFE. Still I am wondering how did they take my I-140 file for processing or reviewing during Jan 2005 when they currently processing for Aug 2, 2004. My I-140 RD is Nov 10, 2004. They received my I-140 respnse on Feb 11, 2005. Thanks.

Here is my case status. Any idea about my I-140?

EB2 Concurrent CSC
Labor PD --- 05/15/2003
I-140/I485 ND --- 11/10/2004
FP done --- 12/31/2004
I140 RFE issued --- 01/13/2004 (Education Testimony / W2)
I140 RFE response received at CSC --- 02/11/2005
(I-140 LUDs 02/14/05,02/16/05, 02/18/2005)

AP AD --- 01/27/2005
EAD AD --- 02/18/2005
 
UN, only problem with Australia...

As an economic refugee from Australia I can tell you that Australia is a great place to live...the people are much more laid back and friendly than the US. Universal health care and social safety net are great. Weather is also very nice and most cities are close to a beach. Australians also like take longer vacations than US.

The only problem is the tax system - just like Canada. Close to 50 cents in the dollar over $US50,000, no married filing jointly, no exemptions for family members, mortgage interest not tax deductible.

I would pay around 35% of my income in federal income tax in Australia each year (compared to around 10-15% in US). Australia also has a federal sales tax of 10% (the GST) and a real estate "stamp duty" of up to 6% of the purchase price over the first A$100,000 (in Victoria at least).

Still as you say, it's a great place to retire with $US... :)
 
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