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

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  #1  
Old 08-23-2007, 10:34 PM
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cram is a jewel in the rough cram is a jewel in the rough cram is a jewel in the rough
Default RFE deadline

On July 20, I got an RFE for my employer's 2006 ITR. They are taking forever to subnit the document. How much time are we given to submit the evidence. How many days?
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  #2  
Old 08-23-2007, 11:55 PM
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cram is a jewel in the rough cram is a jewel in the rough cram is a jewel in the rough
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bumping^^^^^
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  #3  
Old 08-24-2007, 12:01 AM
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satishku_2000 has a spectacular aura about satishku_2000 has a spectacular aura about satishku_2000 has a spectacular aura about
Default response times

Response times are now determined by service centers. Earlier it used be be 12 weeks but now it depends on evidence type



Memo accoring to murthy.com

http://www.murthy.com/news/n_restim.html

USCIS Clarification on Response Time for RFEs/NOIDs
Posted Jun 22, 2007
和urthyDotCom
The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
和urthyDotCom
The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
和urthyDotCom
TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
和urthyDotCom
Missing or Incomplete Initial Evidence
和urthyDotCom
According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
和urthyDotCom
The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
和urthyDotCom
I-539 Requests to Extend / Change Nonimmigrant Status
和urthyDotCom
The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
和urthyDotCom
OTHER TYPES OF RFE RESPONSES
和urthyDotCom
Evidence Available within the U.S. : 42 Days
和urthyDotCom
If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
和urthyDotCom
Evidence to be Obtained from Abroad
和urthyDotCom
If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
和urthyDotCom
CONCLUSION
和urthyDotCom
It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!
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  #4  
Old 08-24-2007, 03:29 AM
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cram is a jewel in the rough cram is a jewel in the rough cram is a jewel in the rough
Default

Thanks so much for the info, satishku_2000. That is very good info.

My RFE, which was issued on July 20, 2007, was for my employer's ITR . My lawyer said the deadline is 12 weeks from the RFE date. I think she has not been updated on the new ruling. Now we only have up to next Friday to submit everything. I'm so so worried!!!
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  #5  
Old 08-24-2007, 05:43 PM
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Default Anybody has an answer??

Hi. I am sorry if I am posting this on the wrong thread but I am trying to get some help or suggestions.

I have a question regarding an appeal I did a year ago for a rejected LC.

I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
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  #6  
Old 08-24-2007, 05:49 PM
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Default

The RFE should state how long you have to submit a response. I received an RFE on my I-140 application and was given two weeks to respond (but I had requested premuim processing so that may be why it was only two weeks) - this information was indicated on the RFE. Ask your attorney for a copy of the RFE, if you don't have it.

Hope this helps.
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  #7  
Old 08-24-2007, 06:20 PM
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Default time frame

Quote:
Originally Posted by cram View Post
Thanks so much for the info, satishku_2000. That is very good info.

My RFE, which was issued on July 20, 2007, was for my employer's ITR . My lawyer said the deadline is 12 weeks from the RFE date. I think she has not been updated on the new ruling. Now we only have up to next Friday to submit everything. I'm so so worried!!!
If you have access to the RFE from USCIS , try to get a copy of it . It should say how much time you have to respond. They will mention "On or before a date". I dont know if all the services centers have implemented the flex time response for RFE/NOIDs. Be on top of things , just dont let your lawyer or employer say anything else.
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  #8  
Old 08-28-2007, 08:16 PM
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Default

Its writern in the RFE. I got an RFE and in that letter its clearly mentioned by when you need to submit the required docs.
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  #9  
Old 09-16-2007, 02:30 PM
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Default Rfe Response Needed

As I was checking these forums and since one of my colleague received an RFE asking the company's ability to pay the proffered wage for all the 140 filed by the company I wonder if you can enlighten me with any idea on how to respond to the request? and how severely would it effect the other's in the same process with in the company.

Thank you for help in advance.
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  #10  
Old 10-09-2007, 02:16 AM
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cram is a jewel in the rough cram is a jewel in the rough cram is a jewel in the rough
Default

My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?
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  #11  
Old 10-09-2007, 09:06 PM
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cram is a jewel in the rough cram is a jewel in the rough cram is a jewel in the rough
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please anybody????????
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  #12  
Old 10-09-2007, 10:34 PM
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Default

Quote:
Originally Posted by cram View Post
My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?
According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
Good luck.
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