Rfe response time

D

dolly75

Registered Users (C)
Hello All,

Has anyone responded to the 140 RFE lately.? I got RFE on I-140,regarding the company's ability to pay the offered wages.
My lawyer responded the rfe on 2/14/2003 ,the response was received by INS on 2/20/2003.More than four weeks have already passed now and have not heard anything back from INS (BCIS) yet.

Please let me know if anyone has responded the 140 rfe around this timeframe.
I have started getting little worried now.I Understand from previous posts that INS normally respond to the RFE's in 2-3 weeks time frame. I don't know whats going on.I called INS also last week to find out the developments.They refused to provide any information as it was filed by my company on my behalf.

Quick recap:

ND for I-140 11/13/2002
RFE received 01/08/2003
RFE responsed 02/14/2003
Response received by INS 02/20/2003

AD ?????????

Thank you all for the response and co-operation
 
same boat

my case info:
RD-12/05/03
RFE-1/31/03 (RFE on working experience)
RFE received-2/26/03

nothing heard yet...
 
my rfe

I got a RFE for working experience. My LC requires MS or BS+2 year experience. INS asks me to show 2 year experience before LC. But my lawyer thinks it's a mistake by INS, or misinterpretion of the syntax...
MS or BS+2 means (MS) or (BS+2), NOT (MS or BS) +2

Because I have MS, so I don't need 2 year experience proof. But it happens that I have the proof, so we mailed it back to INS anyway... Now I have to wait...
 
Thanks taijiren for your response.

I will keep you and the forum posted of any developments at my end.

Thanks again and good luck.
 
dolly75,

Could you tell me the exact details of your RFE and size of your company and the turnover.
I'm in the same boat, so far i've not rcvd any RFE but since its taking so long so i'm guessing i might get it. please respond thanks.
 
140 approved

A little update on my RFE... my 140 is approved today.

RD: 12/5/02
RFE: 1/31/03
RFE reply received: 2/26/03
AD: 4/11/03

See you guys in 485 tracker
 
RFE I140

to dolly 75

I do not know if you have recd. your I140 approval if not his might give you some solace as here's my situation.

My ealier I140 was approved. As my company name changed legal name of my emplouer (from A to B)not job change. they filed an ammendment for my I140 on May 31 2002. We recd. an RFE for which the INS recd. response on oct 19 2002. No news yet . even the lawyers dont know what's going on.
do let me know if there is something obvious apart from changing my lawyers and having more patience that i need to do.
 
Waqtwaqtkibaat

Thanks for your post ,my 140 got approved on 3/27/2003 ,I wish for your 140 approval,I am sure it will get approved soon.I know it is very painful wait.
Good luck!!



amcom

Sorry for the slow response. I saw the post today only.I have got the 140 RFE on company's ability to pay.

My previous company's balance sheet was very poor but the current one has good and a strong balance sheet. But I always got my salary on time.

I talked to my attorney regarding the RFE(company's ability to pay) ,and he mentioned that these are very regular/standard ones and we should be fine as long as we can submit all the information/documents requested in the RFE.

My company merged after my I-140 was filed ,so I was
bit concerned about that RFE.

My RFE specifically asked for company to provide the evidence that company had and continue to have such the ability to pay the offered wages (mentioned in the LCA),and asking to provide latest annual report of the company,US tax returns ,and may be P/L statement . Since my company showed the net operation loss for last 3 years.Thats why I guess INS has issued this RFE.
And asking to provide my W-2 and latest pay stubs.Since I always got paid on time and have all the necesary proof in the form of my pay-stubs and w-2 ,I have provided the information to the lawyer.

I don't know the tunover of my company,and my company has 30 employees.
My RFE got cleared in just 4-5 weeks,reponse was submitted by lawyer on 2/14/2003 ,was received by INS on 2/20/2003 and 140 got approved on 3/27/2003 .Received the hard copy on 4/3/2003 and EAD got approved 3 days later 3/31/2003 and AP on 4/2/2003 received the physical EAD card and AP documents for both my spouse and myself on 4/8/2003.

Good luck to all who are waiting for the approvals.
 
Rcvd RFE today

For my dates of I140 check above.
Today I, my lawyer, received RFE stating credentials evaluation in connection with my bachelor's degree.

See thats a new one. I'm sure no one else had received this type of RFE b4. but all credit goes to my brilliant amrikan waqeel. :(

Neways can you guys tell me how long it usually takes for 140 to be approved after ur RFE was answered and rvd by INS.

Kam.
 
Case Status Online during RFE

Can anyone tell me what does the online case status say if INS issues a RFE in your case? Is there any way to find out online whether an RFE is issued?

Regards,
K.
 
? no idea on that yet as i rcvd my RFE yesterday; INS must have mailed it 3-4 days back. So its been morea than half a week but my status on INS online still says ur app was rcvd on blah blah...
:X
 
kjkool, amcom

when the response to the rfe is recd. by INS the online status says that a respose to the RFE was recd. on so & so date. this kind of processing takes blah blah.
 
INS response to RFE

:)

My RFE was mailed on 21st April to INS and they rcvd it on 23rd and when i checked today the status it was saying this.

Current Status:

On April 23, 2003, we received your response to our request for evidence or information. It is taking between 150 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.


I HOPE this helps kjkool.
 
hello Waqtwaqtkibaat,

I am in the same scenario. My I140 (first) was approved sometime in 2001. Then my company owner change happened with a new tax id no. Thus I had to refile (amend) I140 again in Feb 15, 2003. No news yet!
This is my 485 date..
RD: Oct 2001.
RFE: Jan 14 2003.
REsponded RFE w/ I140 amended receipt notice on Feb 25 2003.

No response yet!!!

My lawyer advised that they may adjudicate both 140 & 485 at the same time. What is your current status? Am I in any risk?? How long will this brutal wait last??

Please update with what you know...
 
140 Approved Today

:)

U guys ,

If anyof you are waiting on your cases. check my dates in my previous postings.

today i checked the stus online and it says its approved.
Receipt Number: LIN0307xxxxxx

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status:

This case has been approved. On April 25, 2003, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.
 
to from_rep

Hi

These are the conflicting views I have got to know. Just passing on Info.

1) as long as the h1 remains the same (not filed under new company name) actually no need to file ammendment. Having filed one NEVER try to revoke this ammendment. INS treats it as if
I140 is revoked.

In case You have filed the response check out the website for the date recd. by INS. other processing times do not apply at all.
ask your attorney or your company HR(beneficiary of I140) to get in touch with INS and see to it that an officer has been assinged to this case. Till an officer has been assigned the case remains pending. Do not try to call INS regd. I140 they will not update you with response as you are not the I140 beneficiary.

2) Not to discourage you but I have tried out all the options including talking to an INS officer myself and my case has been pending for 332 days and counting.

However I believe and have observed based on the forum and tracker threads they are processing such cases in the descending order. the last I have heard was NOV 1st week of 2002 starting from jan 2003.

MOST IMPORTANT If you have passed the I765 limit of 90 days and still pending scenario and do not have an ead yet go to the local BCIS office and get your interim EAD. THE BCIS people are the kindest people I have ever met. As long as you are legally here and not committed any crime which they come to know anyway after checking your background status while you wait for your application to be processed, they provide you with all the info. and also they remind you that the I485, I765 and I131 are all your docuemnts and you have the right to know what is going on regd. the same.
Once having crossed the 180 day limit after filing for I485 you are under AC21 as your earlier I140 has been approved. This is the take of 3 different attorneys.

all the best
 
Hello Waqtwaqtkibaat,

Thanks for your response. I have an EAD which I renewed Nov 2002 and is valid till Nov 2003. Haven't heard anything on my I140 yet or 485 after responding to RFE on Feb 25th. Frustrated..but no choice i guess...

As far as heard, they will treat the 140 as a new one and will approve seperately. Wish things move soon....
 
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