Update on my I-485 /RFE and wife\'s EAD - Ciba please note

B

bacard_151

Registered Users (C)
ba151

EB3 PD (08/1996)
I-485 RD 08/03/2000 (same for AP and EAD) WAC-00-245-5xxxx
I-485 ND 08/24/2000 (same for AP and EAD)
AP approved 09/24/2000 received within a week.
EAD RFE for I-485 receipt copy and I-140 copy 10/2000
EAD automatic msg updated for my case 11/20/2000, wife\'s case 11/21/2000
My EAD approved 12/21/2000 received 12/28/2000
Wife\'s EAD approved per AVM 02/06/2001 (Today) - Officer suddenly woke up !!!!!!

FP- 10/26/2000
FP in system per IIO 12/15/2000 case assigned per IIL 01/15/2001
RFE for I-485 01/17/2001 - I-140 redo due to successor-in-interest merger.
RFE reply sent 01/31/2001
AVM updated to RFE received 02/05/2001

Almost a 5 year wait so far, hopefully I dont have to waiiiiiiiit tooo much longer !!!!!!

ba151
 
No Title

Hi, ba151,

I have almost the same situation as you do. My case got an RFE asking for Re-do of I-140 due to successor in interest, and it only allows 84 days to submit the new I-140 with the RFE notice.

Since you have already submitted your RFE reply, could you let me know how long did it take you to redo your I-140? As a normal I-140 takes more than 2 months, the time is really tight. Is there anyway to expedite the redo of I-140?

Thanks in advance for your reply!
Smile :)
 
No Title

Smile:
You will be fine as long as you submit the amended I-140. My attorney sent new I-140 application and supporiting documents referencing my I-485 WAC. She told me it is assined to the same officer who is processing the I-485 and if I am lucky ( After 4 1/2 years I cant even consider myself lucky) should be approved with a month.

BTW the AVM for my 485 WAC # says received your reply for RFE which clearly indicated I have replied before the 84 days deadline.

Let us wait and see. only time will tell.

ba151
 
No Title

BA151,

Thank you very much for the kind reply. I feel better now. Let\'s keep our hope high and pray for the happy ending! I think this time it\'s your turn to be lucky!

One question, where did your attorney send your new I-140 application to? On the RFE notice there\'s an address and it indicates we have to send the new I-140 and the RFE notice to that address. So did you send your new I-140 application and the blue RFE notice sheet to that address? Or did you actually send I-140 application to the place where people normally file their first I-140? Do you have to get the new I-140 approved before you can send it along with the RFE back?

Thanks for the help,

Smile
 
No Title

Smile:
The RFE (amended I-140) was sent to the address on the RFE notice i.e. PO Box 10485. No we do not need an 140 approval to respond to the RFE.

ba151
 
No Title

Hi ba151,

Thanks for being so responsible for updating your case, but the
remarks column of your entry in CSC tracking list is stretched
too long to accomodate all of your updated info. I cannot add
more words to your entry until length of that column is increased. :)

ciba
 
No Title

I am in the exact same situation as yours. Copmany changed its name
from Y to Z after my 140 but before my 485.The letter accompanying the
485 application from my employer was on the new company letter head.
Lawyer also sent the name change clarification along with the
485. 485 ND was last week of August

In last week of Jan, 2001 - 4 months later (FP has been completed),
 CSC sends us an RFE. The RFE explains that there has been a material
change in the application and goes on to mention "company merger,
successor in interest etc." and hence triggers an automatic new I140
application.

This week, our lawyer has sent the paper work with the new I140 and
another letter explaining that the employer is still the same since
the tax IDs (both state and federal) have remained the same since the
labor certification.

Hopefully the INS officer will open his/her eyes and READ the letter.

Please keep the board updated when you hear back from the INS about
your I-485/amended-140.
 
No Title

SS7, ba151, I have the same situation as you do. The company had a simple change of name but INS asked for an amended I-140. Also happend last week. I wonder if it\'s their new policy or what. My lawyer\'s going to send a letter and corporate tax document to explain the company has the same Tax ID...

I have consulted with several lawyers and they all think INS made a mistake. The question is, did you send the amended I140 application along with the blue RFE notice to the same place? I have asked ba151 and his answer is yes. But I talked to my lawyer and she said it\'s 2 different departments dealing with I-140 and I-485. Therefore, the amended I-140 has to be filed to one place, and RFE response should be sent to another. I\'m confused.

Can you clarify where you sent you documents? Thanks!

Smile :)
 
No Title

Our lawyer suggested that we do what CSC has asked for.
So the 140 application along with a letter explaining the
history/timeline of the company name change was sent along with the
Blue RFE form to the address mentioned in the RFE (some PO Box, if I
remember right)

The AVM message already has been updated to reflect that they
have received the response (the same day they received it!)

INS does seem to have a sense of humor. The message now says
"It is taking between 975 and 999 ...however since preliminary
processing has been completed, the remaining processing time for
this stage of your case if 999 days"
 
No Title

ss7:

My lawyer suggested pretty much same, cited prior experience in such cases.

Another note to add received my wife\'s EAD 02/10/2001, was approved 02/06/2001 (card valid till 02/05/2002).

ba151
 
No Title

Hey Guys,
   I am pretty much in the same boat. My division was aquired by another company, and I already have a new I-140 approved for the new company. But as we all know about the co-ordination of the INS they have asked for a new I-140 in my RFE. My lawyer has sent in the I-140 copy with my W2 and recent pay stub. Hopefully INS will approve my case soon.

My Details :

PD : 02/1999
ND : 08/2000
FP : 10/2000
AP : 01/2001
EAD: 01/2001
RFE: 02/2001

DO YOU KNOW OF ANYONE WHO HAS BEEN APPROVED THIS WAY?
 
No Title

Thanks, SS7 and Ba151, I pretty much decide to do the same thing you guys suggest. Your experience is very valuable. Now lets wait and pray.

Ba151, congratulations on you wife\'s EAD!

Smile :)
 
No Title

Hey Guys,
   I am pretty much in the same boat. My division was aquired by another company, and I already have a new I-140 approved for the new company. But as we all know about the co-ordination of the INS they have asked for a new I-140 in my RFE. My lawyer has sent in the I-140 copy with my W2 and recent pay stub. Hopefully INS will approve my case soon.

My Details :

PD : 02/1999
ND : 08/2000
FP : 10/2000
AP : 01/2001
EAD: 01/2001
RFE: 02/2001

DO YOU KNOW OF ANYONE WHO HAS BEEN APPROVED THIS WAY?
 
No Title

Frustrated,

Please don\'t be too frustrated. I think your case is pretty common for folks whose companies are involved in Merge and Acquisitions. With all the evidence you sent in, your case will be approved soon. Although I don\'t have personal experience on this, but I\'m sure a lot of people have to do this and there\'s no reason that they should be rejected.

Don\'t worry! Be happy!

Smile :)
 
You must log in or register to reply here.
Top