RFE on I-140 - EB2

gcwaiter_74

Nothing new here. I will call INS and talk with my attorney tomorrow. I am pretty sure my attorney will suggest me to wait more days before I bother her to initiate an inquiry because she is not the one worry about greend card.

I will let you know how every thing goes. I am sort of in strike mode too - why work so hard if INS doesn't !


Chandler
 
Chandler,

Convinced my attorney to call today itself..he said he will do it..the RFE will take around 30 days to be received and they usually extend the RFE reponse date..this is what my attorney told me.
Testing times...

Thanks,
 
gcwaiter_74

My on line status is changed today. it shows "Our last written notice in this case was returned as undeliverable by the post office ".

neither my attorney nor my company change address after filing 140....

I am calling INS now .....

Chandler
 
Chandler:

Wow, this is news. I am sure I will get the same message too..just checked now and it still says the 14 days thing..
Once you call the 1-800 no, pressing 1, 1 and 4 will connect to a representative in seconds.. they seem to have a bug in their system. They will ask if you need to reschedule an appointment and you say no and proceed with your questions.

Wonder what address they sent to..strange are the ways of INS..

Good Luck Dude!

Thanks,
 
gcwaiter_74

I just called INS and a lady representative told me that she has no way to pull out my personal information so can't check what mailing address they send to. Only petitioner or petitioner attorneyt can initiate a resend inquiry by calling them or write to them. However, since they may have wrong mailing address about my case, my attorney suggest to write to them.

will keep you posted


Chandler
 
My I140 RFE is here!!!!!

A long awaited RFE has been issued for my 140 yesterday.

I know the content, but I am helpless regarding the response to it.
 
what is it

Hi rajudm,
what is the content of the RFE if you dont mind sharing.. Shouldn't your lawyer respond to it?

J
 
jrao

what else it could be? It is nothing but company's ability to pay. Attorney can respond if he has right kind of financial documents (amunition).

Have to find an alternate route to address this issue.
 
Chandler:

Is there any possibility that the 1-40 RFE is sent to the beneficiary and not to the attorney or the company
How else can one explain non-receipt of RFE's?
 
Originally posted by gcwaiter_74
Chandler:

Is there any possibility that the 1-40 RFE is sent to the beneficiary and not to the attorney or the company
How else can one explain non-receipt of RFE's?
Click to expand...

140RFE is suppose to send to Attorney's address to which CIS sent our 485/140 receipt notice last year. However, anything happen in CIS is possible. For me, my address, my attorey's address and my company's address haven't changed after filing 140. the undeliverable mail must be caused by some error made by CIS.

I believe your attorney has made re-send request for you. What left to us is wait which may be as long as 30 days or ....


Chandler
 
Still no response

Intial RFE issued on March 03, 2004, RFE notice not received.

My lawyer claims that they have contacted INS onApril 5th, 2004 as INS was not entertaining request before 30 days had passed from the date of first RFE....

Lawyer is suggesting their office have to wait for another 30 days to receive the duplicate RFE before they can contact INS again.... That would to be wait for 60 days total........


Is there any way to receive the RFE notice via FAX or in person.....
 
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The customer service reps seem to have different interpretation of the rules. They keep saying that we need to wait for 30 days before they issue a request for a resend. This sounds atrocious to me. Why would it take 30 days for a mail to arrive?
There is no way to contact the service center directly and they are the only people who know what the RFE is about...

We really are in trouble...
 
I am in the same situation. My Attorney filed my AP/EAD/485 in January last week. When I enquired with Attorney about Receipts, He told me to wait 4-6 weeks to receive it. I waited ..waited.. and waited.

Almost two months later (March last week) I received the email from attorney saying that receipts has not been reached their office, but he gave me case numbers printed on the back of the check.

When I checked those case number( in March last week) , I found that my AP case is showing 'last written notice returned undelivered on February 12 blah blah ..."

My attorney contacted BCIS and requested for re-send , to which , BCIS official told that Notice would be resend in few weeks. Untill today neither me nor my attorney received the notice and Attorney is saying they will call them again only after 30 days passed from the the day He talked to BCIS. i.e. 3 days from today.(He talked with BCIS in march last week, 30 days after means means next week)

Now big question is by the time RFE is received by us, 90 days limit will have been passed. Or do they count 90 days after second notice is sent??





---
In CIS We Trust, God Bless Us
 
GCJaisaKoiNahi, lostRFE,

Any updates on your lost RFE? I am worried that we will end up in the same state even after 30 days? What is the guarantee that the RFE will reach us after the initial waiting period of 30 days?

Anyone else who is (or were) in the same boat, please share your experiences. We have at least 4 people in this forum with lost RFE's and without a clue on how to proceed further.

Thanks All,
 
gcwaiter_74,

The lawyer has still not received the RFE notice.... thats really strange.... either

1. INS is not mailing the RFE notice properly,

2. Lawyer office is messed up.... who knows RFE notice might be put in wrong file,

3. Company and Lawyer are doing this on purpose.... delay the response to RFE notice so that I cannot use AC 21....

God (INS/lawyer) knows which scenario is the correct one but I am pissed....
 
My RFE details...EB2 and EB3 confusion

Here is the much awaited RFE details.....


1) Ad had specified BE in computer science or engineering and one year experience in related field.
2) Since I had 2 masters and a Phd we had asked for EB2 classification.
3) USCIS is saying that they cannot approve the candidate in EB2 since labor is for EB3. They are suggesting that we should ask for EB3, ( Bachelors with 5 years of progressive experience).
4) ability to pay proferred wages (from July 2002 to current).
5) Company tax return for 2002 or alternatively audited and reviewed financial statments for 2001 and 2002.
6) If the candidate was employed by the company in 2001 then the w2 of the candidate.


they haven't asked for 2003 tax return...(which is strange).

What are my chances ....should I have to change to EB3. There was a goof up, what can be expected with an amateur attorney, it is no surprise for me.

I am changing the attorney now and see what happens.
 
My RFE too is on "Ability to Pay". Here's what they are requiring:

1. Companies 2001 and 2003 corporate tax returns with all attachments and schedules

2. My W-2 for 2001 and 2003

These items for 2002 were submitted when I-40 was filed in May 2003.

Nothing else has been asked for. Is that routine for all ability to pay RFEs?
 
lostRFE,

What was the response of INS when your attorney told them that you still havent received the RFE? It has been almost 60 days right? What does your company say about this?
 
Company is suggesting to talk to lawyer... they don't want to get involved with this process.

When lawyer called INS around 05 April to request a duplicate RFE notice, their office verified the lawyer's address on file and made sure that the RFE notice is mailed to this office.

Lawyer office is claiming that they have tried to call INS recently but have been asked to wait for another 30 days from the date of second RFE notice. Untill 30 days have passed, customer represtantive cannot initiate another query to VSC.

60 days from 1st RFE notice and 30 days from duplicate RFe notice will be up around 05 May. Lawyer office plans to make another request around that date...

Are there any other options....


Originally posted by gcwaiter_74
lostRFE,

What was the response of INS when your attorney told them that you still havent received the RFE? It has been almost 60 days right? What does your company say about this?
Click to expand...
 
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