RFE on I-485

[GCMangataHai]

My case is something like this
1. Applied for I-485 in July 2007.
2. Got I-140 approved in Oct 2007.
3. June 2010 joined new company using EAD and applied AC21 on oct 2010.

Recetly got email update on I-140 saying

we mailed a notice acknowledging withdrawal of this application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER. If you have not received the notice within 30 days of April 26, 2011, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.

At the same time got email for RFE on I485.

I am not sure what is going that, what these mail suggest and what should be my action item. Please suggest I really very much worried now.

[bskrishna]

did the original sponsor withdraw your I 140?

[roseball]

It seems like your original GC sponsoring employer has withdrawn your approved. I-140 petition. Since you already have a I-485 petition pending based on that approved I-140, USCIS probably sent you an RFE (or NOID) asking for proof of full-time permanent employment in the same or similar field from your current employer and their intent to continue to support your GC application.

Just respond to the RFE with all supporting documents and also show proof of filing AC21, you should be just fine.

[GCMangataHai]

Thanks for replying guys, yeah I am not sure wether my privious employer has revoked my I140 or not, I just wanted to know what should be my next step. I have still not got the the RFE paper should I wait or call USCIS to know what is RFE. Please any help at this time is appricated, as I am losing sleep.

[godspeed]

Originally Posted by GCMangataHai

Thanks for replying guys, yeah I am not sure wether my privious employer has revoked my I140 or not, I just wanted to know what should be my next step. I have still not got the the RFE paper should I wait or call USCIS to know what is RFE. Please any help at this time is appricated, as I am losing sleep.

My only advice would be to hire a good attorney who can tackle this RFE, you have waited so long and almost on the verge of crossing over, don't take any chances.
It is clear from your first post that your approved I-140 is revoked by petitioning employer however it should not be an issue since you are on EAD and utilized AC21.
Usually the RFE takes about 5-8 working days to reach either you or your attorney(if you had filled in G28 form - the right to represent), contact USCIS if the above time has passed.

[GCMangataHai]

Originally Posted by godspeed

My only advice would be to hire a good attorney who can tackle this RFE, you have waited so long and almost on the verge of crossing over, don't take any chances.
It is clear from your first post that your approved I-140 is revoked by petitioning employer however it should not be an issue since you are on EAD and utilized AC21.
Usually the RFE takes about 5-8 working days to reach either you or your attorney(if you had filled in G28 form - the right to represent), contact USCIS if the above time has passed.

godspeed,

I do not understand why did you say "you have waited so long and almost on the verge of crossing over" . A week ago I got mail that My case from is transffered from NSC to TSC, I called my layer they said it has been put in intial review from approved I140, which I verified by online status. Yesterday i.e. 26 April I got another email with RFE on I-485, at the same time I-140 status was also changed specifying withdrawal notification. How do I know wether I-140 is withdrawn by my emplaoyer. I filed AC21 exactly 4 month after joining new company. I am with the same Lawyer who has originally filed my all Labour, I-140 , I485 ect. Though he is my privious employer Lawyer also.

[sathishav]

Originally Posted by GCMangataHai

godspeed,

I do not understand why did you say "you have waited so long and almost on the verge of crossing over" . A week ago I got mail that My case from is transffered from NSC to TSC, I called my layer they said it has been put in intial review from approved I140, which I verified by online status. Yesterday i.e. 26 April I got another email with RFE on I-485, at the same time I-140 status was also changed specifying withdrawal notification. How do I know wether I-140 is withdrawn by my emplaoyer. I filed AC21 exactly 4 month after joining new company. I am with the same Lawyer who has originally filed my all Labour, I-140 , I485 ect. Though he is my privious employer Lawyer also.

As far as i know, I140 can only be withdrawn by employer.

[GCMangataHai]

I spoke to my Lawyer regarding this situation, he said that there is nothing we can do about I140. He told me that for time being only we have to wait RFE for I -485 letter to arrive to us.

Also asked him how long does it take for RFE to arrive us and if we do not receive the RFE letter then.

He told me that if we do not receive the RFE letter within 14 days then we have to go to congressional Office and ask for the RFE letter.

Is there any way that I can get the RFE information for RFE quicker so that I can prepare with the documents. My situation is that I am in travelling job, I am only on weeked at home, that is right time for me to prepare for all the document.

[mammoy2k]

Originally Posted by GCMangataHai

I spoke to my Lawyer regarding this situation, he said that there is nothing we can do about I140.

Your attorney is right that if employer has withdrawn I-140, one can not do anything. But if it over 180 days since you filed your I-485 (which seems to be the case), this withdrawal should not impact your I-485. I think during the move from NSC to TSC, they may have committed some data entry error.

Just curious how big was your previous employer and what do you do?

[pappu]

This seems to be a common issue when I140 is revoked by previous employer. I think there was an IV campaign about it 2 years ago and some people benefited from it. Check the archives to see if you can get information. We also have free attorney conference calls. You can talk to the attorney about it in the call. Do you have your own attorney?

[mhssatya]

GC,
Don't worry. You'll be fine. I'm in the same boat as your's, in all means.

I filed 140 and 485 with my old employer and after 6 months I moved to a different company. What you got is not a withdrawal of 140 but a "intent to withdrawal". I got the same thing and an RFE on 485. I responded back with a employment letter from the current company, with job description matching that of the GC. Infact my application has been moved to Atlanta, GA for "local processing". I'm still not sure why it was moved. Just respond to the RFE and you'll be fine.

My PD is Oct 06 too. good luck

Originally Posted by GCMangataHai

godspeed,

I do not understand why did you say "you have waited so long and almost on the verge of crossing over" . A week ago I got mail that My case from is transffered from NSC to TSC, I called my layer they said it has been put in intial review from approved I140, which I verified by online status. Yesterday i.e. 26 April I got another email with RFE on I-485, at the same time I-140 status was also changed specifying withdrawal notification. How do I know wether I-140 is withdrawn by my emplaoyer. I filed AC21 exactly 4 month after joining new company. I am with the same Lawyer who has originally filed my all Labour, I-140 , I485 ect. Though he is my privious employer Lawyer also.

[ram04]

You should be fine. You at least got chance to correct by RFE we all who were affected a couple of years ago got denials directly. With MTR we got back on track again then.

Just send your AC 21 and EVL and other relevent docs as required and you will be fine.

All the best.

[GCMangataHai]

I got the RFE document and forwarded it to my Lawyer, he is also Copied into original letter from USCIS. He is the same, my old employer Lawyer who has started my GC . I continued with him for filing AC21. He may be the one who may have invoked my I140 on the behalf of my last employer, but I am not very much sure about it. Is it safe to use him for RFE also or should I use some other Lawyer.

[EB3_SEP04]

Originally Posted by GCMangataHai

I got the RFE document and forwarded it to my Lawyer, he is also Copied into original letter from USCIS. He is the same, my old employer Lawyer who has started my GC . I continued with him for filing AC21. He may be the one who may have invoked my I140 on the behalf of my last employer, but I am not very much sure about it. Is it safe to use him for RFE also or should I use some other Lawyer.

In this perticular case (your prev emp vs. you) your lawyer is a dual agent, so it's obvious he won't share info about his "other" client (your prev emp) with you. But in general if he is providing good service to you ,responds to your questions in a timely manner and provides you enough techinical information, then i'd keep him. if you ever need to provide any info/doc from your prev emp, he is the one who can get it. If you change the lawyer you will close that door. In any case, make sure you have a copy of I-140 approval and also copy of labor approval, if possible.

When my 485 was denied because my prev emp revoked my i140, i had difficult time getting it, my new lawyer fortunately knew the other lawyer and extracted the approval from him and provided it to me.

as other poster said, you are lucky that you got RFE instead of straight denial, you should thank IV for their hard-work that USCIS guys now use a little more brains vs. 2 yrs ago. (hint: help others and reduce red dots)

Hope this helps.

[GCMangataHai]

Another Bump,
After paying Lawyer fees and sending him EVL, My Lawyer told me that Job is same or similar to Labour Certificate. but since you salary is double than Labour salary , it can create problem. GC can be denied. I used the same EVL as AC21, just date was changed.

I just want to know are there any case where GC can be rejected because of more salary. If this is the case what are my option, one of the option my lawyer told me to take Demotion in the current company where salary somewhere near to the Labour labour salary. Please suggest as I am very much worrried now.