URGENT: I-485 RFE response date tomorrow. Employer not responding

jambalakadi1

Registered Users (C)
Hello,

I got RFE on I-485 and Employer had delayed sending 485 RFE. Tomorrow is last date to respond. My employer told me that they have responded 2 days back, But I am not sure if they sent it.

What will happen if USCIS dont get the RFEon time? Will they Deny I-485 immediately?

What is my status if I-485 is denied? me and my wife are both working on EAD.

IF denied, is there any way to apply of Motion to Reopen (MTR) and have 485 processed again?

We are really worried. I never thought that because of my lazy employer, I might have to end my 9 year career in USA. This sucks.


please respond...
 
jambalakadi1 said:
Hello,

I got RFE on I-485 and Employer had delayed sending 485 RFE. Tomorrow is last date to respond. My employer told me that they have responded 2 days back, But I am not sure if they sent it.


---------------what is the RFE? you can send depending on what is asked. I-485 belongs to you not to employer.


What will happen if USCIS dont get the RFEon time? Will they Deny I-485 immediately?
------------depend on RFE
What is my status if I-485 is denied?
me and my wife are both working on EAD.
---------------- No status as you are not on H1 and used EAD
IF denied, is there any way to apply of Motion to Reopen (MTR) and have 485 processed again?
-----depends on RFE? what was asked??

We are really worried. I never thought that because of my lazy employer, I might have to end my 9 year career in USA. This sucks.


please respond...
 
Hi Ginnu,

USCIS issued an RFE in Jun 06 asking for Passport copies and Also New EVL from employer and stated that they need to verify job duties, salary, title and if the job is permanent.

My employer send a some EVL, I dont know the content of EVL send to USCIS.

So Now in Nov-06 USCIS again issued same RFE. This time they asked for only EVL with proferred job, title, Salary and date employment started. they also asked if job is permanent and job duties are according to the Labor certification.

HR guy is really lazy and they also hired scrappy attorney. Their combination is awful. This employer is Top five in INDIA and well established in USA.

I was never out of status and was with same employer since start of GC.
 
jambalakadi1 said:
Hi Ginnu,

USCIS issued an RFE in Jun 06 asking for Passport copies and Also New EVL from employer and stated that they need to verify job duties, salary, title and if the job is permanent.

My employer send a some EVL, I dont know the content of EVL send to USCIS.

So Now in Nov-06 USCIS again issued same RFE. This time they asked for only EVL with proferred job, title, Salary and date employment started. they also asked if job is permanent and job duties are according to the Labor certification.
------------------------Send what is asked
HR guy is really lazy and they also hired scrappy attorney. Their combination is awful. This employer is Top five in INDIA and well established in USA.

I was never out of status and was with same employer since start of GC.
 
Jambalakadi1,

485 is your application and does not belong to the employer. What that means is that you do not have to depend on your employer's lawyer to respond to RFE on 485. You can ask for the EVL from HR, then send it yourself or hire another attorney, file new G28 and have them handle your 485. I think it is already late, but if you have time, take control and do it.

BTW, you said that your employer has sent it 2 days back, may be they actually did send it, be hopeful :)
 
call USCIS

I have faced similar problem that my son's EAD case was stating pending and my lawyer received RFE and never told me.

I called up USCIS and asked them that why my case is pending and they told me that we sent an RFE.

Then I again called up lawyer and told her that this is what USCIS told me then she agreed yes, but we still have 3 months to respond. This delayed my son's EAD case. I got my EAD approved in Aug and he received his EAD approved in Dec. So you can imagine, what I had gone through.

It looks like we have to push hard ourselves.
 
jambalakadi1 said:
Hello,

I got RFE on I-485 and Employer had delayed sending 485 RFE.

Why the employer is responding for the I-485 RFE? Did you mention his address on the I-485?
 
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