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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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  #1 (permalink)  
Old 07-22-2015, 11:29 PM
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Priority Date
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Oct-06
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EB3
I140 Mailed Date
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10/30/2006
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Default Help! REF2 issues by USCIS!

Hello Gurus,

I have a unique case. My I-485 was filed in July 2007 based on approved PERM and I-140 applications in EB3 category. Later, my application was ported to EB2 through approved PERM and I-140 applications applied by my employer in 2013. I got laid off in September 2013. I had a part time business at the time, and decided to run it full time since then. My last PERM was filed as a project manager running software projects. My current company primarily does digital marketing. But part of what we do is web and mobile app development (which is technical work). And I run all our projects - so I am the project manager on all projects. Part of the job description (as a project manager) is very similar to my PERM application except, my company as a whole does a lot more than just software project management, project management is part of my job and not my entire job, and we do not make as much money as the prevailing wages on my PERM application.

I received an RFE a couple of months back to produce an updated G-325A form for my application and a updated medical records. My lawyer helped me prepare a response to prove that part of what I do at my company is same or similar to the description in my PERM application. I also got my medical done again. Now I just received a second RFE on the case a few hours back. Although I don't know the exact reason for the RFE, I am freaking out. If the RFE is about proving same or similar occupation, what are my options? If I get a job as a project manager in IT (safely similar to my PERM application), will that help me keep my application? Also, do I actually need a job, or just a job offer as a software project manager to prove same or similar occupation class?

Thanks a lot for your help.

- Abhisam
__________________
PD - Oct 2006
I-140 - Approved June 2007 from TSC
I-485 - Application reached NSC on 11th July, 2007
Notice Date - 10th September, 2007 from TSC
Recieved EAD Card
LUD on I-140 on 08/05/2007
Contribution - $100 so far
Volunteered at the SoCal Aug 18 event
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  #2 (permalink)  
Old 07-23-2015, 09:51 AM
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Altough I have nothing to add, I would say wait until you actually know what the RFE is about. Your case seems unique.

I have two questions:
1) So, is your case still under EB-2? Because you were laid off by the second employer soon after I-140 approval after succesful porting 2006 PD, I am wondering what took USCIS so long to process your EB-2 (assumed) PD of 2006? I would have thought they gave your green card long ago based on the PD.

2) Can one work for his own company after 180 days of filing I-485 for a same/similar job?

Hopefully some senior member will provide guidance.
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  #3 (permalink)  
Old 07-23-2015, 09:58 AM
Member
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Oct-03
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I140 Mailed Date
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01/21/2007
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India
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I-485
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Hello, there is no need to panic. Wait till u get the RFE details. You get 86 days to respond to RFE which is plenty of time. In my journey, i also received 2 RFEs which I could respond on my own without lawyer's help. Getting an RFE is a good thing as it indicates progress on your case.
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PD - Oct 2003, EB3-India. I-485 approved in July 2014
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  #4 (permalink)  
Old 07-23-2015, 01:04 PM
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Oct-06
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I140 Mailed Date
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I-485
I485 Mailed Date
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07/07/2007
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Quote:
Originally Posted by amit_sp View Post
Hello, there is no need to panic. Wait till u get the RFE details. You get 86 days to respond to RFE which is plenty of time. In my journey, i also received 2 RFEs which I could respond on my own without lawyer's help. Getting an RFE is a good thing as it indicates progress on your case.
Amit_sp can you share what RFE's did you receive?
__________________
PD - Oct 2006
I-140 - Approved June 2007 from TSC
I-485 - Application reached NSC on 11th July, 2007
Notice Date - 10th September, 2007 from TSC
Recieved EAD Card
LUD on I-140 on 08/05/2007
Contribution - $100 so far
Volunteered at the SoCal Aug 18 event
Southern California IV Chapter
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  #5 (permalink)  
Old 07-23-2015, 10:25 PM
Member
Priority Date
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Oct-03
Category
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I140 Mailed Date
:
01/21/2007
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India
Processing Stage
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I-485
I485 Mailed Date
:
07/03/2007
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Join Date: Jan 2007
Posts: 64
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First one was to show continuous proof of employment and my departure/arrival records. Second one was to show continuous proof of employment and expiration of the old medical exam results. Both were very straightforward.
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  #6 (permalink)  
Old 07-28-2015, 12:02 PM
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Priority Date
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Oct-06
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I140 Mailed Date
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India
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I485 Mailed Date
:
07/07/2007
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Join Date: Jul 2007
Posts: 122
abhisam is a splendid one to behold abhisam is a splendid one to behold abhisam is a splendid one to behold abhisam is a splendid one to behold abhisam is a splendid one to behold abhisam is a splendid one to behold abhisam is a splendid one to behold
Default details of RFE 2

so we received the RFE 2 via mail. Here is what they are asking for:

The evidence that you have submitted indicates that your new employment is a company that is owned by yourself. Please submit evidence that you have the financial means to support yourself (and your family, if applicable), such as current and past financial statements, evidence of additional income and/or a Form I-134, Affidavit of Support and supporting documentation.

My wife is working and we own a house with considerable equity. My question is that what are the guidelines to prove financial means? Is there a specific dollar amount of assets that I need to show to prove financial means?

Any help would be appreciated!!
__________________
PD - Oct 2006
I-140 - Approved June 2007 from TSC
I-485 - Application reached NSC on 11th July, 2007
Notice Date - 10th September, 2007 from TSC
Recieved EAD Card
LUD on I-140 on 08/05/2007
Contribution - $100 so far
Volunteered at the SoCal Aug 18 event
Southern California IV Chapter
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  #7 (permalink)  
Old 07-29-2015, 10:28 AM
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Priority Date
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Jul-05
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I140 Mailed Date
:
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:
09/25/2005
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Default

Quote:
Originally Posted by abhisam View Post
Hello Gurus,

I received an RFE a couple of months back to produce an updated G-325A form for my application and a updated medical records. My lawyer helped me prepare a response to prove that part of what I do at my company is same or similar to the description in my PERM application. I also got my medical done again.
- Abhisam
Why did your lawyer proactively send them the information they did not ask for in the RFE, in the first place?
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  #8 (permalink)  
Old 07-29-2015, 02:01 PM
Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
01/21/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/03/2007
Compare
Join Date: Jan 2007
Posts: 64
amit_sp has a reputation beyond repute amit_sp has a reputation beyond repute amit_sp has a reputation beyond repute amit_sp has a reputation beyond repute amit_sp has a reputation beyond repute amit_sp has a reputation beyond repute amit_sp has a reputation beyond repute amit_sp has a reputation beyond repute amit_sp has a reputation beyond repute amit_sp has a reputation beyond repute amit_sp has a reputation beyond repute
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As an evidence of financial support, i believe the tax returns from your company and family for past 2-3 years should be sufficient. If you plan to use lawyer, s/he will give u more details.
__________________
PD - Oct 2003, EB3-India. I-485 approved in July 2014
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  #9 (permalink)  
Old 08-29-2015, 12:34 AM
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Hello. I need some help.
On july 6 2015, i received a notice for my i-485 which is requesting for an RFE. I sent it in and USPS said they delivered it on JULY 22, 2015. But until now i haven't received any receipt notice from uscis. My case is still suspended. Does it really take 60 days before i find out if my case has been resumed? Im freaking out because there's no assurance that the uscis received my rfe. Please help me to understand my case. Thank you!
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