Respond to this RFE or New I485?

P

pentium3

Registered Users (C)
The timing of my case is quite tricky. I just got a RE for my pending I485 filed by my
 previous employer. This RE wants nth to prove the
continuing existence of the underlying job stated in my old I140. Almost
at the same time, my I140 with current employer has also been approved.
My current attorney suggests responding to the RE by telling INS the facts
and attach the new I140 approval and let INS consider it. My question is:
in practice, how likely INS will accept this kind of response and approve my AS?
Although it\'s reasonable, will INS just regard response out of context of
the original RE. I\'m afraid of this effort ending up with a waste of time. Is it better
to just file a new I485 and withdraw the old I485?
(BOW, I\'m unlike to benefit from the new 180-day law anyway.)
 
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Pentium3,
Your attorney really sounds scary. Please don\'t really on any of the opinions you might get on this board, but get a second opinion instead. You can also try to post message on imminfo.com and get Ron to shed some light on your problem (just don\'t mention that you already have an attorney - in that case he\'ll ignore your question) or seek a second opinion from other attorney. It seems wrong to me that your attorney wants to respond to RFE with something that INS didn\'t even ask for. It looks to me like you would be taking big chance if you do that and probably waste your time. That of course is just my opinion. Whichever way you go, good luck to you.
 
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Not Getting 485 Approval yet

 Case# WAC-00-221.---- EB2 India
 ND : 07/25/2000
 FP : 01/27/2001

 What should I do ???????????
 
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Pentium3,

I have little experience on this topic, however it seems to me that your lawyer is just trying to put all the cards on the table. If the INS has doubts on the case you may get an interview and wait in another longer line with other unfortunate people like myself -- just whining :).

Maja has a pretty reasonable proposal, about looking for a second expert opinion.
 
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Hi pentium3, Have you heard of "the replacement of the underlying I-140 when your I-485 is pending". My attorney told me INS allows it. I have very similar situation as you. My attorney replied RFE with the new employer\'s employment letter.

By the way, do you think the reason you got a rfe is that INS found out you applied a new I-140 or you applied for a new H1?

Anna
 
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Hi pentium, Maja, and ProActive,

Subsitituting a new I-140 during AOS is acceptable. There
are no regulations on this, but most service centers allow
it as long as you do this before AOS approval. That is
probably what your lawyer is trying to do. Other than the
new I-140, also include an employment letter from the new
company stating that the job is permanent.

ciba
 
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