I-140 Denied after RFE not answered in time

[Gator]

On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".

According to the attorney, the RFE was responded to with necessary evidence.

On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.

Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?

Please advise.

Thanks

[raysaikat]

On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".

According to the attorney, the RFE was responded to with necessary evidence.

On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.

Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?

Please advise.

Thanks

Perhaps you can file I-140 again?

[arunoman]

Check with your attorney probably you can appeal to re open your case if you are sure that you have responded to the RFE "on time". Its very much possible.

[ras]

How many days did the response delayed?

Is the decision by USCIS being taken before the response was reached?

Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?

I guess, this would help analyse the situation

[sri1309]

HI,
I know a case where i-140 was deniied similarly. If you dont really trust the attorney, as it looks to be the case, CHANGE the attorney 1st. Go to a big firm like Murthy.They handle cases like this & in my fren's case, it was successfully cleared using MTR in less than a month.
Make sure you have all the documentation needed for ATP and they ask for 1 out of 3, but if you can get more than that, its good.
Sri.

[hopefulgc]

did you file concurrently... ?
if yes, make sure to act fast, coz we have seens people's i-485 get denied when the underlying i-140 is denied.

[Gator]

Today I found out that my RFE wasn't answered at all as opposed to being late.

Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.

So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.

And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?

Appreciate your help and advise

fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.

[sri1309]

Gator,

I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
Sri.

[Gator]

As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.

The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.

If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.

Thanks.

[surabhi]

As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.

The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.

If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.

Thanks.

Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.

You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.

It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.