RFE received for AP

A

antonchekhov

Member
Our status shows RFE sent for both APs.
Lawyer hasn't received it yet, so don't know what for.

Might be for information on I140/485, the same as for AnithaR and others.

RD 05/01
ND 08/01
 
RFE received by me (not my attorney)

I received the RFE for my AP today, January 5, 2003.

It basically said the following:

"Upon search of Service system(s), there is no evidence there is an underlying I-140 or I-360 on file to warrant a valid I-485, Application to Adjust Status, that would make you eligible to receive advance parole. The burden of proof lies on you to prove eligibility for Advance Parole.

  • Please provide a copy of the approval notice for an approved I-140 petition,
    OR
  • You may provide the receipt number of the I-140 if an approval notice unavailable.
  • Please provide proof of having filed an I-485 petition.

Thank you,
Sd/-
Evelyn Upchurch, Director
TSC
"
 
I-140 required for I-131 Approval

Hi,

Same thing happend to us. Me and My wife applied Feb 2003. Mine was approved with in three months. My wife got RFE which required Copy of I-140 Approval since she was dependant.This was delayed about 8 months.

There was no status changes in the online messages after we sent I-140 papers until last week. Last week our case was approved.

Mine is going to be expired by March 2003. and My wife will beexpired Jan 2005. Our India plan was totally messed up now......

So, we re-applied again for mine.


Good Luck.
Baktha
 
Very interesting...

It looks like attaching a copy of the I-140 approval notice or at least giving them the I-140 src number is now a must for AP and EAD filings.

It is really strange that a copy of the I-485 receipt notice is not enough for proving pending I-485 status. We can now envision how the AP/EAD review/adjudication works:

------
1. Look in the packet for copy of I-485. Check for I-485 filing record in the system.

2. Look in the packet for copy/src no of I-140 (to make sure the I-485 is valid). Check for I-140 approval record in the system. Make sure I-140 is not denied/cancelled. If there is no attached I-140 attempt to search for the I-140 approval in our "system" using the supplied Last Name (from the AP/EAD form). Do not use the A# as our "system" does not use numeric keys. If there is no match send a RFE for I-140.
------

Could not help but ask myself a few questions...

Does this prove a shift in the TSC processing towards increased scrutiny in the eligibility checks for AP and EAD (more intimidation)? Where does the "180-days passed/do not care about I-140 petition anymore" memo fit into all this? And how does this new procedure help to reduce the I-485 backlog and streamline the TSC operations?

Or they are just scared allowing anyone to get "benefits" if they are not supposed to, even if making a decision will take forever.
 
MAKE IT FUNNY

ARE YOU sure your american girl friend told you that? to me it looks like a dilogue from hindi movies in the 60s.....:D ;) :p
 
Anitha R & CapeTownSomeDay

Anitha R:

Hope you get to see this post. I know you got a RFE for AP too. Was it same as mine and CapeTownSomeDay? And did you get yours approved? After how long??

CapeDownSomeDay:

Was the officer some 394 or something? :D :D :D
 
Not yet approved

poongunranar:

It was for the same reason. The message says that the RFE reply was received on Dec 22. No approval yet.:(
 
Anitha R

Thanks for the info. If you have the RFE with you and it will contain a sheet for the officer. In that you will see a date that is roughly three months in future. So, say, you got your RFE around December 10th, you may have seen some date in that sheet, say March 10, 2004. I think, they will wantonly not approve the RFE until that date. Meaning you cannot expect your AP before that date. In my case that date was March 30,2004 and I cannot expect my AP before that date. This is purely my surmise and can basically be flawed. I took that date to be a deadline for the officer-in-charge to adjudicate the case.

An RFE is issued only after all other investigations on the case are over. So, if we provide what they ask for, there is no reason for further wait, unless it is done to make the applicant really sick of the whole process.
 
poongunranar,
I also got RFE for my AP and officer is 394 in my case too. Looks like this officer is a new hire. Anyways my AP RFE reply received by BCIS on 29th dec and I am still waiting for AP approval( ND April 30,2003 ).
 
Last edited by a moderator:
AP pending -- 1/03

Baktha,
I am in a similar situation except I am still waiting for my wife’s AP approval.
AP submitted on 1/03 for my wife and me.
I got approved in April ’03 and she got RFE that required a copy of my I-140 approval. This is our 2nd AP.

In Nov, Called 1800 number and asked them to send inquiry to TSC. Received a letter from TSC stating that this will take 30 – 45 days to process. Currently it is more than 60 days and still waiting.

Hope New Year should get some good news.

I-485 RD 3/02 ND 3/02 EB2/RIR/INDIA


:o
 
Same Msg

poongunranar, even we got the same msg from same officer# 394.
Funny part is I had attached all doc when I was filing for my 2nd AP, copies of 140, 485, old approved AP and other stuff and now they had sent RFE for second Ap asking again copies of 140 and 485. This is been ridiculous now......!

RD/ND 05/23

May god only know when our long waiting period will come to an End!
 
Officer # 394 - Beware!

Folks:

One more thing to worry, I guess. That is, you now have to really be specific that Officer # 394 doesn't get a hold of your AP petition, lest he should trigger-happily shoot a RFE. Guy should be a schadenfreude, I guess. XAXIS and GCMemphis, please join me to the 'Officer 394 Fans' Club.'
 
Officer 394 went 'postal' on me too..
And poongunranar, the date (any guesses what CUD could be?) on my sheet says March 30 2004 too although the date of RFE: 12/31/2003 is different from yours.


:)
 
Originally posted by CapeTownSomeDay
although the date of RFE: 12/31/2003 is different from yours.:)
Click to expand...
Join, the 'Officer 394 Fans' Club' dude. But, even in that, the officer had the covering letter dated 12/31/2003; the inner sheet with RFE notes as 12/30/2003; and the website notification had the RFE date as 12/29/2003.

So, the officer had basically given me a choice of 3 dates to pick from, when I jotted down the rejoinder. I stuck with 12/30/2003 as my date for RFE, because the inside notice -- which is what they ask us to have as the first document -- had it as the date.

What to say about all this inconsistency in dates, dude?
 
394 please hv mercy on us

As per the "Officers Sheet" my date is 12/10/2003, and my case status has been changed to RFE received on 29th Dec.

Status of my wife's case is still same 150-180 days...

The wait for AP( ND April 2003 ) still continue.....

My current EAD will expire on May 2004, any advice on when should i apply for renewal?
 
Re: 394 please hv mercy on us

Originally posted by xaxis
My current EAD will expire on May 2004, any advice on when should i apply for renewal?
Click to expand...
Mine expires in 06/2004. I applied for a new one on 12/15/2003. Who the heck knows if INS will start this "RFE culture" for EAD as well. Hence I applied exactly 6 months before. As I had attached the old EAD's approval notice as per INS instructions, I expect the start of from date to be immediately after the lapse of the current EAD. Let us see.
 
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