How soon does RFE come after I-140 revoked?

[jjaspirant]

My PD is Feb 2007, EB3 category.
My I-140 is approved and I485 was filed in July 2007 (pending more than 180 days)
I have an EAD.

My employer revokes the I-140 for people they lay off. Does the RFE come immediately when they revoke the I-140 or does it come at the time of adjudication - which in my case is a long time away since my PD is Feb 2007 in EB3 category.

[wandmaker]

Originally Posted by jjaspirant

My PD is Feb 2007, EB3 category.
My I-140 is approved and I485 was filed in July 2007 (pending more than 180 days)
I have an EAD.

My employer revokes the I-140 for people they lay off. Does the RFE come immediately when they revoke the I-140 or does it come at the time of adjudication - which in my case is a long time away since my PD is Feb 2007 in EB3 category.

Per past trend, USCIS sends RFE, NOID, Denial notice within few weeks of processing I-140 revocation. There is no definitive timeline, it could come anytime.

[jjaspirant]

Will they send an RFE immediately even after the I-485 has been pending for more that 180 days?

[chanduv23]

Originally Posted by jjaspirant

Will they send an RFE immediately even after the I-485 has been pending for more that 180 days?

depends on the officer. A lot of officers do not know the AC21 law. As soon as they see 140 being revoked, they blindly send denial notices for 485 and you have to correct this through MTR.

After a 140 revocation by ex employer, it takes a few weeks for USCIS to act.