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I485 RFE and now PD Unavailable. Process? AC21 possible?
I am applied I485 (EB2 India) in Jan 2012. I only got EAD/AP (AOS is pending). I got RFE in May2012. I have replied to RFE and its been 45 days and status shows 'Request for Evidence Response Review'
-Since now PD is Unavailable, is there any chance they would work/look on my RFE application until PD becomes current again?How would I know if RFE was good enough?
-If my application become pre-adjudicated, How wuld I know? What could status change online look once RFE has been approved/cleared and I485 awaits availability of visa number?
-Is there any possibility visa number was assigned to my case early on or any way to know that? Or is visa number only given when RFE is cleared and case pre-adjudicated.
-If I use AC21,is it same now as would have been without RFE? Its more than 180 days since filed I485.
this is my timeline, Eb3, pd march 2006, april 2012 bulletin i became current. after april bulletin came out, my online status changes (been monitoring it everyday since 2007 after i file my AOS, the great and memorable july 07 fiasco). It reads,
Request for Evidence
On April 17, 2012, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit...etc.
Then, I sent my RFE. May 5 after my lawyer reviewed everything.
Then after April 17 status update and sending my RFE response another status update came. I'm still current, May bulletin says May 06, So online status update says,
Request for Evidence Response Review
On May 7, 2012, we received your response to our request for evidence. This case is being
processed at our TEXAS SERVICE CENTER location. If you move while this case is
pending, please use our Change...etc.
Then after this online status update, came June 2012 bulletin, i'm still current, still May 06 and another online status update came, dated June 4, short of one month after they received and reviewed my RFE response. It reads,
Card/ Document Production
On June 4, 2012, we ordered production of your new card. Please allow 30 days for your
card to be mailed to you. If we need something from you we will contact you. If you move
before you receive the card, call customer service...etc.
Then, update again, June 7, it reads,
Card/ Document Production
On June 7, 2012, we mailed the new card directly to the address we have on file. You
should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service at...etc...
Then June 11, 2012, mine and my wifes GC arrived! That's our journey. After wait of 5 years (AOS was filed only July 2007) or 6 years from priority date (March 06). But we've been in US and me on H1B status since 2001, only applied for I-140 labor cert. March 06. So that's it. Hope this'll help you.
To answer some, I'll try, but this is just my opinion. I think the reason why it's taking longer about when you send your RFE and its been 45 days since and no new update is because your bulletin became unavailable. they may have received your response but holding their response also because of the date "unavailability". Call it wrong timing huh. Thats them, they will stop working on your case once your case is not current anymore. Although, they might be working on it on the side, you wouldnt know it until your pd became available again. I have a hunch that if youre a July 07 filer, the fiasco, you might be adjudicated already. About visa number assigned to you already? I dont think so. Once your date becomes unavailable, that means no visa available, so no visa ready for you. You have to wait October again when new batch of fresh visa is available again.
Hang in there and yours too will arrive soon. Good luck!
I'm not a lawyer nor trying to be one, consult a competent and intelligent immigration lawyer for only them can direct you to the right way and answer all your immigtion matters. Do not use my reply as a definite answer to your queries as this is solely base on my personal opinion only.
Consult a competent immigration lawyer for all your immigration needs.
Thanks fr detailed answer. I appreciate your time.
Actually I have EB2 India and now PD is unavailable after filing I485 and RFE.
The current status is RFE review. The question is what would be the case status when the I485 has RFE cleared or is pre-adjudicated? The PD would be unavailable as well.
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