RFE received for PD in Nov 97, EB3, India

S

sdas

New Member
RFE received from INS asking for amended I-140 to be filed. Company underwent restructuring some time back and the INS seems to have records of this restructuring! Receipt of new I-140 to be submitted with RFE within 12 weeks (2 weeks already gone). The details:

category EB3
country India
PD Nov 97
RD Sep 99
ND Sep 99
FP Aug 2000
RFE Oct 2000

Anyone in the same boat?

Also is this a pointer to the fact that the INS is looking at cases whose PDs are not current?
 
No Title

thanks for posting your details. I think if at all this is good news for you, since when the time comes for your case to be adjudicated, you\'ll be done with all the processing.

This definitely means that so far INS has been looking at cases, irrespective of whether they are current or not -- what actually happens to them (rfe/intent to deny/ignore) probably depends on the adjudicating officer who processes the case. Cases filed before oct\'99 and those filed in oct\'99 and later seem to be treated differently. e.g. oct\'99 cases haven\'t even got fp yet.

Could you please tell us if your current i-140 and 485 have the same name for the employer?
 
No Title

Thanks for all the info. Also you brightened my day by pointing to the positive side of the news.

The I-485 was filed in early Sep, 99. The company underwent restructuring in 2000.

I will double check with two of my colleaguse tomorrow. I think that they received FPs quite some time back although their NDs are in Oct 99.

The strange thing is since my company (you have probably guessed the name but I don\'t want to mention it) has filed for hundreds why should the INS single out a few cases for RFEs ? At least one colleague of mine has got his GC (PD April 96; EB3 India) but another with same specifics got an RFE and is yet to get GC.

Also would this mean that many people who haven\'t got RFEs but have similar dates as mine, should be receiving their approvals soon?
 
No Title

RFE received from INS asking for amended I-140 to be filed. Company underwent restructuring and is called by a different name. The details:

category EB3
country India
PD Jul 96
RD Sep 99
ND OCT 99
FP Aug 2000
RFE Oct 2000

Does anyone know how long it takes from here after company files the amended I-140 ?

Thanks.
 
No Title

I think RFE is very much a matter of luck; there are people in my company with earlier ND with RFE and people with later ND who are approved. I think it is all upto the adjudicating officer. As far as people with similar dates as you are concerned, they could get approved if their cases are adjudicated by a lenient officer and if their PD is current. Previously, INS used to issue a \'visa not available\' letter if your processing is complete but PD is not current and approve only when PD became current. Things might have changed now ...
 
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