WAITING_MAN
Registered Users (C)
Hi Ciba,
Last February 16, 2001 I sent a request to the CSC-INS about the status of my RFE via fax and yesterday I received the RFE request. Below is the content of the request:
--- Beginning of Request letter ----
A review of your application reveals that one of the following conditions may exist regarding the petitioner:
- The petitioner employer is no longer the intended employer.
- There is a change of employer.
- There has been a spin-off, merger or change (successorship) of ownership.
Recently, "The American Competitiveness in the Twenty-First Century Act of 2000 (AC21)" was signed into law. This act allows for a change of employer or successorship of interest on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition. Although the new statute effective upon enactment, the California Service Center has not yet received regulations or guidance from INS Headquarters on how to process these cases. "Therefore, we have been advised to hold these cases in abeyance pending issuance of such guidance and regulation." It is expected that an interim rule will be published sometime in January 2001 and will be effective 60 days after publication.
If you would like the Service Center to process your case using pre-AC21 guidelines and bypass having your case held in abeyance, we are willing to do so. In this instance, a new/amended I-140 petition for the applicant must be filed with the appropriate fee. Submit the new I-140 attaching the enclosed blue I-797 coversheet. Please respond with your choice of action so that we may continue processing your application accordingly.
---End----
According to my lawyer, she already filed my new/amended I-140. We haven\'t received the receipt yet, but I will post it here once I received it. There are a couple of consultant from our company received the same RFE and our lawyer did the same thing for them (refile a new/amended I-140). I hope this won\'t delay to much the processing of my I-485. FYI, thanks.
WAITING_MAN
Last February 16, 2001 I sent a request to the CSC-INS about the status of my RFE via fax and yesterday I received the RFE request. Below is the content of the request:
--- Beginning of Request letter ----
A review of your application reveals that one of the following conditions may exist regarding the petitioner:
- The petitioner employer is no longer the intended employer.
- There is a change of employer.
- There has been a spin-off, merger or change (successorship) of ownership.
Recently, "The American Competitiveness in the Twenty-First Century Act of 2000 (AC21)" was signed into law. This act allows for a change of employer or successorship of interest on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition. Although the new statute effective upon enactment, the California Service Center has not yet received regulations or guidance from INS Headquarters on how to process these cases. "Therefore, we have been advised to hold these cases in abeyance pending issuance of such guidance and regulation." It is expected that an interim rule will be published sometime in January 2001 and will be effective 60 days after publication.
If you would like the Service Center to process your case using pre-AC21 guidelines and bypass having your case held in abeyance, we are willing to do so. In this instance, a new/amended I-140 petition for the applicant must be filed with the appropriate fee. Submit the new I-140 attaching the enclosed blue I-797 coversheet. Please respond with your choice of action so that we may continue processing your application accordingly.
---End----
According to my lawyer, she already filed my new/amended I-140. We haven\'t received the receipt yet, but I will post it here once I received it. There are a couple of consultant from our company received the same RFE and our lawyer did the same thing for them (refile a new/amended I-140). I hope this won\'t delay to much the processing of my I-485. FYI, thanks.
WAITING_MAN