Very Urgent responding to I140 RFE

[ras]

My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).

I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.

Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?

my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.

Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?

Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?

Your early response helps me take a decision.

I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.

[raj2007]

Originally Posted by ras

My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).

I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.

Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?

my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.

Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?

Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?

Your early response helps me take a decision.

I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.

Your attorney can tell if they accept late RFE reply. 12 week is enough time and I don't see anybody want to delay this.

MTR decision takes long time, around 1 year or more but you can't use 485 benefits till that is approved.

[Bpositive]

there is usually a respond by date on the RFE. In my case it was slightly beyond 12 weeks....

[akunamatata]

Usually the RFE states that if the requested information is not received by XX/XX/XXX date, USCICS will make a determination based on the information they have.

[zCool]

I think you should get to the bottom of it.
#1 Get the actual RFE from the lawyer see what is reply by date mentioned there.
#2 Make sure your employer isn't playing games. No one can be expected to divulge financial details to every employee but at least get the extent of changes required. Normally if everything is okay, all that is needed for A2P is Tax documents, Earning statements, W3s, Wage reports.. pretty standard stuff that employer is supposed to have anyways..
If actual return needs to be amended, That may not happen in couple of days, in that case you should work with attorny to see your options abt delayed response etc.
#3 Find out why it was delayed.. who dropped the ball and when!
This is insane, if they don't want to support your application they should just say so..

[ras]

The letter is dated as
Date: Jan 8, 2008

and it mentions at the end

'You must submit the requested information within tweleve(12) weeks from the date of this letter. Failure to do so may result in the denial of your petition.'

so if we count 12 weeks from Jan 8, it is going to be 84 days which is going to finish by April 2nd.

If the RFE response reaches by say this Monday i.e Apr 7th will it be OK?

The reasons for delay are financial adjustments.

He is now going to send the tax returns for 2007 which has been asked.

[ras]

Originally Posted by Bpositive

there is usually a respond by date on the RFE. In my case it was slightly beyond 12 weeks....

I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008

[rolrblade]

Originally Posted by ras

I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008

I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.

It might also help to give a reason as to why you were late in responding.

[ras]

Originally Posted by rolrblade

I do not see any harm in replying to an RFE even if it is late. You should really be pushing your employer and attorney to respond to this RFE at the EARLIEST.

It might also help to give a reason as to why you were late in responding.

There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.

[zCool]

In that case, just do the best you can,
This type of issue used to be answered and helped by unitednations
In fact he was a miracle worker when it came to A2P. I haven't come across posting from him in a quite a while but do check archives from IV and immigrationportal. You need someone of his knowledgebase

[Bpositive]

Originally Posted by ras

There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.

The lawyer will know the exact deadline...i think it is a little later than the 12 week count...

[roseball]

Originally Posted by ras

I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008

Just have them reply to the RFE at the earliest...Usually, they take a few days after the deadline to re-process the case...They might consider your reply, even if its late by a few days, if they already did not take action/deny your petition....If they already denied your petition before the response reaches them, they you will have to file a MTR, which takes quite a while and also you cannot use I-485 benefits till a decision is made....Also, make sure a cover letter is sent along with the response mentioning the reason for the delay (like u said substantial changes to company financials)....Bottomline, reply at the earliest....Good luck.....

[gc_buddy]

Originally Posted by ras

There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.

Just to add, The Ability to Pay must be provided as of the priority date and continue until such time you recieve legal residance. If you are making fianancial adjustments as of today they may not be of much use..Just make sure of this when you or your employer makes financial adjustments..

[gcformeornot]

need to in good condition from your PD. So whatever adjustments they are doing needs to be done since PD. I hope your lawyer knows this.

[BeCoolGuy]

Just two cents -

One - all that notice means is, technically USCIS can revoke your I-140 after 12 weeks.

Two - For you, anyways the damage is done. So don't worry. Go ahead ASAP with a response to RFE. If USCIS is any slow in revoking (which they very well can be), they'll take your response and as long as it satisfies their query, you may be good to go.. Remember, they are not your enemies, they are just doing their job of ensuring that every relevant document/proof exists.. And that those who work there are human too...

If it still gets revoked, you always have MTR option.

try to use a good attorney to do the job, especially if you to go MTR way.

Goodluck