Response to I140Rfe and consider CP processing??

T

tagore2004

Registered Users (C)
I got RFE one week back based on my I-140 and I485 concurrent filling, When I response to my query and send a letter saying that I would like to consider for the Consular Processing then what will happen to my pending I-485, EAD and AP??

How many days it will take to cancel my I-485/EAD/AP once I respond to my I140/RFE??, Again After I respond I belive my I-140 will be transfered to NVS center ...so after that what will happen>???...Please advice??
 
I would suggest to pose in the 485 forums.

Word of advise, have patience, people will eventually answer when they get around it. Around here if people have the answer, they will definetly post.
 
Please answer.gurus ....!

I would like to respond to the RFE for I-140 and add a letter to change the processing to CP-Processing and also file I-824.....

How many days does it take to cancel I-485?? and also EAD/AP??
 
If I am not mistaken, you can NOT cancel I-485 for concurrent filing until the fate of I-140 is decided. Also, I doubt if the BCIS would now accept any change to CP just on the basis of a plain request (instead of a new revised I-140) for concurrently filed cases. Consult your (or any other competent) attorney.

By the way, alren is right. While we understand the urgency you must be feeling, since this is not a chat-board, you may not get immediate response. Secondly, your case and question has no similar precedence on this or on I-485 forum to the best of my knowledge. Now, if you will be kind enough to post your experiences with details (like what your attorney advised, what you did and what the BCIS did in this case), future such questions can be answered. So no one knows for sure - that's why probably no one turned up thus far.

Disclaimer: Personal non-legal point of view only.
 
Tagore2004,

Though I do not have the definite answer to your question which only an attorney can answer confidently and correctly, your posting does raise some questions.

1. Is there something in the RFE that wants you to change from AOS to CP? If that is the case then unfortunately, the cat is out of the bag and changing to CP will not help any. Also, sending such a letter (assuming it is accepted by the USCIS) would only tend to further delay I-140 approval.

2. Why can't you wait for the I-140 to be approved before filing I-824? I do not think that the USCIS will entertain your request (I824) at this stage. The best option is to wait for the I-140 to be approved. And then file I-824. There is no significant time gain or loss in doing this.

3. Why have you not posted the details of your case and of the RFE in particular? Acting on answers provided on the basis of incomplete information will only further complicate your problems. Therefore, as Jigesh has requested you should post your details.

P_L
 
my details: EB3/I140-485/Concurrent filed/RFE 140 on company ability to pay and tax returns?

I spoke to Attoney Murthy she said we can write a write while replying to RFE so that it will be trasnfer immediattly to the NWV center for CP Processing??....


How many days it will take for the I-140 to transfer to the CP processing(NWV) when I file I-824???
 
Originally posted by tagore2004
my details: EB3/I140-485/Concurrent filed/RFE 140 on company ability to pay and tax returns?

I spoke to Attoney Murthy she said we can write a write while replying to RFE so that it will be trasnfer immediattly to the NWV center for CP Processing??....


How many days it will take for the I-140 to transfer to the CP processing(NWV) when I file I-824???
Click to expand...

tagore2004,

If you have spoken with Ms.Murthy and if she feels a request to make this change can be put in your response for RFE then, you
should go ahead and do so.

If infact this change happens then I don't see the need to file
a I-824.

If for some reason you get your I-140 approval and find that
it is still in the AOS line, then you would need to file the I-824.
If that happens, then you don't have to wait for the approval
of I-824, but can approach the consulate through AC 140
with just the filing receipt of I-824.

I think the approval of I-824 is taking long (a year ?)and as I said you don't necessarily have to wait for the approval.

Raju
 
I spoke to Attoney Murthy she said we can write a write while replying to RFE so that it will be trasnfer immediattly to the NWV center for CP Processing??....
Click to expand...

If that happens, it should save you a lot of time.

How many days it will take for the I-140 to transfer to the CP processing(NWV) when I file I-824???
Click to expand...

As per current time line, the VSC is processing I-824 filed on May 08 2002. For CP at Chennai, you need to wait till approval. For CP at Mumbai/Delhi, I-824 receipt notice is enough for AC-I140.
 
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