I485 stage: RFE ) asking for I140 copy !!
Aug 5th 2002, 9:20 pm
#1
Guest
Posts: n/a
I485 stage: RFE ) asking for I140 copy !!
Hi
I am a SW Engr on H-1B. Applied the I-485 back in Oct, '01 at the California center.
Received EAD card in Mar.,'02 and had fingerprinting by mid-Apr.'02.
By late June, my Co. lawyer received a RFE from INS asking for the I-140... I am
surprised as he had already submitted the same with my I-485 applicn.. along with the
other documents. Upon asking the lawyer he said "It happens". My I-140 was approved
in the EB3 category.
I am worried, ... is there a possibility that the I-140 approval is being reviewed
again? Has anybody had this situation before? Any advice on this and experience
appearing for INS interveiws for Employment based petitions will be very helpful.
Thanks
Ken
I am a SW Engr on H-1B. Applied the I-485 back in Oct, '01 at the California center.
Received EAD card in Mar.,'02 and had fingerprinting by mid-Apr.'02.
By late June, my Co. lawyer received a RFE from INS asking for the I-140... I am
surprised as he had already submitted the same with my I-485 applicn.. along with the
other documents. Upon asking the lawyer he said "It happens". My I-140 was approved
in the EB3 category.
I am worried, ... is there a possibility that the I-140 approval is being reviewed
again? Has anybody had this situation before? Any advice on this and experience
appearing for INS interveiws for Employment based petitions will be very helpful.
Thanks
Ken
Aug 6th 2002, 5:42 am
#2
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: I485 stage: RFE ) asking for I140 copy !!
If you do not have I-140 Copy or INS lost it INS can check the Database , your lawyer should provide INS your Reciept # of I-140 if you have copy of I-140 send it. I hope they have lost it
Aug 13th 2002, 7:09 am
#3
Guest
Posts: n/a
Re: I485 stage: RFE > asking for I140 copy !!
KenM wrote:
> I am a SW Engr on H-1B. Applied the I-485 back in Oct, '01 at the California
> center. Received EAD card in Mar.,'02 and had fingerprinting by mid-Apr.'02.
> By late June, my Co. lawyer received a RFE from INS asking for the I-140... I am
> surprised as he had already submitted the same with my I-485 applicn.. along with
> the other documents. Upon asking the lawyer he said "It happens". My I-140 was
> approved in the EB3 category.
> I am worried, ... is there a possibility that the I-140 approval is being reviewed
> again? Has anybody had this situation before? Any advice on this and experience
> appearing for INS interveiws for Employment based petitions will be very helpful.
Yes, I've heard that in some cases, the INS examiner who is adjudicating the I-485 is
reviewing the I-140 again. And it is not surprising that a copy of a petition may
have been misplaced, and the examiner wants a new one. If the I-140 is sound, and
not marginal in any way, you probably don't have anything to worry about.
> I am a SW Engr on H-1B. Applied the I-485 back in Oct, '01 at the California
> center. Received EAD card in Mar.,'02 and had fingerprinting by mid-Apr.'02.
> By late June, my Co. lawyer received a RFE from INS asking for the I-140... I am
> surprised as he had already submitted the same with my I-485 applicn.. along with
> the other documents. Upon asking the lawyer he said "It happens". My I-140 was
> approved in the EB3 category.
> I am worried, ... is there a possibility that the I-140 approval is being reviewed
> again? Has anybody had this situation before? Any advice on this and experience
> appearing for INS interveiws for Employment based petitions will be very helpful.
Yes, I've heard that in some cases, the INS examiner who is adjudicating the I-485 is
reviewing the I-140 again. And it is not surprising that a copy of a petition may
have been misplaced, and the examiner wants a new one. If the I-140 is sound, and
not marginal in any way, you probably don't have anything to worry about.
Aug 22nd 2002, 9:39 pm
#4
Guest
Posts: n/a
Re: I485 stage: 2nd RFE
Hi
Thank you so much for the information! Here are some more developments.. Hope this
may help others in similar situation... ..
After receiving the copy of the I-140 in mid-July, the INS (CSC) has sent a 2nd RFE
in mid-Aug., - now they are asking for my W2 Forms for the last 2 years and two
letters from my employer, one should vouch for my current employment with them and
the no. of hours/week employed; while the second one should be a "Prospective Letter
of Employment" stating that my employer shall retain me as their Perm employee
following the completion of the I-485 process.
I had a question - Currently I am making around $55k/annum as per the H-1B approved
wage. However, since upon completion of the I-485 stage, I am supposed to be given
$75k/annum (as per the I-140)... can this create a discrepancy.. ?
Regards. .
Ken
Sylvia Ottemoeller wrote:
> KenM wrote:
> > I am a SW Engr on H-1B. Applied the I-485 back in Oct, '01 at the California
> > center. Received EAD card in Mar.,'02 and had fingerprinting by mid-Apr.'02.
> >
> > By late June, my Co. lawyer received a RFE from INS asking for the I-140... I am
> > surprised as he had already submitted the same with my I-485 applicn.. along with
> > the other documents. Upon asking the lawyer he said "It happens". My I-140 was
> > approved in the EB3 category.
> >
> > I am worried, ... is there a possibility that the I-140 approval is being
> > reviewed again? Has anybody had this situation before? Any advice on this and
> > experience appearing for INS interveiws for Employment based petitions will be
> > very helpful.
> Yes, I've heard that in some cases, the INS examiner who is adjudicating the I-485
> is reviewing the I-140 again. And it is not surprising that a copy of a petition
> may have been misplaced, and the examiner wants a new one. If the I-140 is sound,
> and not marginal in any way, you probably don't have anything to worry about.
Thank you so much for the information! Here are some more developments.. Hope this
may help others in similar situation... ..
After receiving the copy of the I-140 in mid-July, the INS (CSC) has sent a 2nd RFE
in mid-Aug., - now they are asking for my W2 Forms for the last 2 years and two
letters from my employer, one should vouch for my current employment with them and
the no. of hours/week employed; while the second one should be a "Prospective Letter
of Employment" stating that my employer shall retain me as their Perm employee
following the completion of the I-485 process.
I had a question - Currently I am making around $55k/annum as per the H-1B approved
wage. However, since upon completion of the I-485 stage, I am supposed to be given
$75k/annum (as per the I-140)... can this create a discrepancy.. ?
Regards. .
Ken
Sylvia Ottemoeller wrote:
> KenM wrote:
> > I am a SW Engr on H-1B. Applied the I-485 back in Oct, '01 at the California
> > center. Received EAD card in Mar.,'02 and had fingerprinting by mid-Apr.'02.
> >
> > By late June, my Co. lawyer received a RFE from INS asking for the I-140... I am
> > surprised as he had already submitted the same with my I-485 applicn.. along with
> > the other documents. Upon asking the lawyer he said "It happens". My I-140 was
> > approved in the EB3 category.
> >
> > I am worried, ... is there a possibility that the I-140 approval is being
> > reviewed again? Has anybody had this situation before? Any advice on this and
> > experience appearing for INS interveiws for Employment based petitions will be
> > very helpful.
> Yes, I've heard that in some cases, the INS examiner who is adjudicating the I-485
> is reviewing the I-140 again. And it is not surprising that a copy of a petition
> may have been misplaced, and the examiner wants a new one. If the I-140 is sound,
> and not marginal in any way, you probably don't have anything to worry about.
Aug 23rd 2002, 4:09 am
#5
Forum Regular
Joined: Jul 2002
Location: SF, California
Posts: 225
Re: I485 stage: RFE ) asking for I140 copy !!
Originally posted by Manish:
....INS lost it INS can check the Database .......
....INS lost it INS can check the Database .......
I can't agree more. INS will not take the time to look for it. If they don't see it (even they lost it) they'll ask you for a copy instead of looking in the file/database.
From my experience, they RFE my previously issued EAD card. We sent in photo copies and I mean they (CSC) were the one that issued/approved it!!
Oh wells... what can you do really but to do whatever they ask to get it over with.
