You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Thanks hadron, posmd and vidyaram
- Thread starter DRVR
- Start date
Fellowship NIW got RFE - appreciate your thoughts (especially hadron, posmd and vidyaram).
I completed my 5 yr NIW service last year in 9/08 and filed an I-140 in 6/08 with 3 months of NIW service left. This NIW / I-140 got approved this month.
I had a previous I-140 based on Labor Certification with a PD of 8/04 and I filed a I-485 which is currently pending. I am in my 1st yr of fellowship on an EAD.
The state dept of health had previously sent a letter to USCIS confirming completion of NIW service in 9/08. However, the RFE (surprisingly on my pending I-485 and not NIW I-140) is again requesting evidence of completion of the service. I have all documentation that the RFE is requesting and feel confident that it will be acceptable to USCIS.
What surprised me was that the RFE was on my pending I-1485 which was filed on the basis of an I-140 thru Labor Certification rather than NIW. However, the RFE is suggesting that the basis of my I-1485 is the NIW I-140 which was filed much later and has a later PD of 8/08 (as opposed to 8/04 for my initial I-140 / LC).
The employer for both my LC I-140 and NIW I-140 is the same and I filed NIW only as a back up in case any questions relating to portability arise during my 3 yr fellowship. The hope was that I can recover the earlier PD of my 1st I-140 and re-file I-1485 based on the NIW I-140.
My former employer is still supportive of my application and I am presently moonlighting on weekends with this employer during fellowship.
What is the best way to confirm to USCIS that my PD for the pending I-485 be that assigned to the I-140 with the earlier PD and not the NIW I-140?
I was simply planning on requesting USCIS in my RFE response that they consider adjudicating my I-485 by the earlier PD using the I-140 with which it was filed rather than NIW I-140. I was planning on including copies of my LC and the 1st I-140 along with the other documentation of completion of NIW service that was requested in the RFE.
Being EB2 India the 4 yr difference in the PDs of I-140 (LC) vs I-140 (NIW) is significant. In addition, if the USCIS opts to process my I-485 as one based on NIW, I would have to incurr extra expenses to redo my medical examination and finger printing. These are traditionally done when NIW 5 yr service is completed for an NIW based I-485. However, I had already done them in the past which makes me believe that USCIS was initially aware the my I-485 was based on LC / I-140. I do not know why they now are issuing a RFE on my I-485 suggesting (at least to my understanding) that it is based on NIW.
I can't help feel that I have shot myself in the leg. Not sure I did the right thing by filing for NIW while I had a pending I-485.
Do you folks think this is something better handled by a lawyer? A few firms I have contacted are asking for $1000 retainer and $200/hr lawyer fee. Does this sound like reasonable fees?
If any one had similar experiences please share it with me.
Thanks in advance guys. Sorry for the long post.
Rog
I completed my 5 yr NIW service last year in 9/08 and filed an I-140 in 6/08 with 3 months of NIW service left. This NIW / I-140 got approved this month.
I had a previous I-140 based on Labor Certification with a PD of 8/04 and I filed a I-485 which is currently pending. I am in my 1st yr of fellowship on an EAD.
The state dept of health had previously sent a letter to USCIS confirming completion of NIW service in 9/08. However, the RFE (surprisingly on my pending I-485 and not NIW I-140) is again requesting evidence of completion of the service. I have all documentation that the RFE is requesting and feel confident that it will be acceptable to USCIS.
What surprised me was that the RFE was on my pending I-1485 which was filed on the basis of an I-140 thru Labor Certification rather than NIW. However, the RFE is suggesting that the basis of my I-1485 is the NIW I-140 which was filed much later and has a later PD of 8/08 (as opposed to 8/04 for my initial I-140 / LC).
The employer for both my LC I-140 and NIW I-140 is the same and I filed NIW only as a back up in case any questions relating to portability arise during my 3 yr fellowship. The hope was that I can recover the earlier PD of my 1st I-140 and re-file I-1485 based on the NIW I-140.
My former employer is still supportive of my application and I am presently moonlighting on weekends with this employer during fellowship.
What is the best way to confirm to USCIS that my PD for the pending I-485 be that assigned to the I-140 with the earlier PD and not the NIW I-140?
I was simply planning on requesting USCIS in my RFE response that they consider adjudicating my I-485 by the earlier PD using the I-140 with which it was filed rather than NIW I-140. I was planning on including copies of my LC and the 1st I-140 along with the other documentation of completion of NIW service that was requested in the RFE.
Being EB2 India the 4 yr difference in the PDs of I-140 (LC) vs I-140 (NIW) is significant. In addition, if the USCIS opts to process my I-485 as one based on NIW, I would have to incurr extra expenses to redo my medical examination and finger printing. These are traditionally done when NIW 5 yr service is completed for an NIW based I-485. However, I had already done them in the past which makes me believe that USCIS was initially aware the my I-485 was based on LC / I-140. I do not know why they now are issuing a RFE on my I-485 suggesting (at least to my understanding) that it is based on NIW.
I can't help feel that I have shot myself in the leg. Not sure I did the right thing by filing for NIW while I had a pending I-485.
Do you folks think this is something better handled by a lawyer? A few firms I have contacted are asking for $1000 retainer and $200/hr lawyer fee. Does this sound like reasonable fees?
If any one had similar experiences please share it with me.
Thanks in advance guys. Sorry for the long post.
Rog