Here are the details:
My friend moved here (California) from Wisconsin last January, with I140 approved and I485 pending more than 180 days, He changed job from company A (at Wisconsin) to B (California). He filed AR11 as well as AC21 when he moved.
Last March, NSC issued a RFE for his I485, which was sent to the lawyer of company A, he knew about it through the email from NSC, but didn’t know the content of RFE. For the next 3 months, he has been calling national customer service center and his previous lawyer many times, trying to get the copy of the RFE letter. He got the letter on last July (from the lawyer of company A) and replied on last August. Which passed the deadline specified on RFE. However, The BCIS webs site then updated the message to “we received your response to our request for evidence or information. It is taking between XXX and XXX days for us to process this kind of case…..” a week later.
Believing his cased was resumed, my friend filed 3rd EAD and AP application last October, but didn’t receive approval notice. Since his old EAD was going to expire this Monday, he went to local CIS district office to get iEAD, only to be told his I485 case was considered to be abandoned and wasn’t in NSC anyone since he didn’t reply RFE in time. However, until today he didn’t receive any letter or notice from BCIS.
What are my friend’s options here? He got different feedbacks from different places and not sure what to do next:
The lawyer of company B told him to start with I140 and I485, but someone from CIS national customer service center told him he can file i485 only since he has an approved I140, he would like to reopen his case, however, more than 90 days have passed since the case was considered to be abandoned, he couldn’t even file the motion to reopen the case.
Your input is high appreciated.
Kiwistar
My friend moved here (California) from Wisconsin last January, with I140 approved and I485 pending more than 180 days, He changed job from company A (at Wisconsin) to B (California). He filed AR11 as well as AC21 when he moved.
Last March, NSC issued a RFE for his I485, which was sent to the lawyer of company A, he knew about it through the email from NSC, but didn’t know the content of RFE. For the next 3 months, he has been calling national customer service center and his previous lawyer many times, trying to get the copy of the RFE letter. He got the letter on last July (from the lawyer of company A) and replied on last August. Which passed the deadline specified on RFE. However, The BCIS webs site then updated the message to “we received your response to our request for evidence or information. It is taking between XXX and XXX days for us to process this kind of case…..” a week later.
Believing his cased was resumed, my friend filed 3rd EAD and AP application last October, but didn’t receive approval notice. Since his old EAD was going to expire this Monday, he went to local CIS district office to get iEAD, only to be told his I485 case was considered to be abandoned and wasn’t in NSC anyone since he didn’t reply RFE in time. However, until today he didn’t receive any letter or notice from BCIS.
What are my friend’s options here? He got different feedbacks from different places and not sure what to do next:
The lawyer of company B told him to start with I140 and I485, but someone from CIS national customer service center told him he can file i485 only since he has an approved I140, he would like to reopen his case, however, more than 90 days have passed since the case was considered to be abandoned, he couldn’t even file the motion to reopen the case.
Your input is high appreciated.
Kiwistar