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

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  #1  
Old 10-04-2008, 09:57 PM
uumapathi uumapathi is offline
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Default I140/I485 Which RFE?

My situation is as follows:

EB2 Labor : Jan 2007
I140/I485 Concurrently filed, RD July 27 2007, pending.

I got a soft LUD on my I140 on 09/25 a hard LUDs on my I485 on 09/26 and soft LUDs on 09/28 and 09/29. My I485 status now states that an RFE has been issued and mailed on 09/26. I was waiting for the RFE to arrive anticipating it to on Birth Certificate/Tax Returns/I-20, etc., and I got a "courtesy copy" of the RFE from USCIS in mail today. My I140 status is unchanged till date except for the soft LUD.

It appears from the letter that the RFE is actually for my I140 sent to my lawyer dated 09/26 requesting proof of eligibility to pay, my transcripts from my university and proof of previous employment. Now I am totally confused. Why would USCIS update my I485 case status for an RFE and send an RFE for I140.

Any thoughts?
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  #2  
Old 10-05-2008, 12:44 AM
wandmaker wandmaker is offline
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Default

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Originally Posted by uumapathi View Post
My situation is as follows:

EB2 Labor : Jan 2007
I140/I485 Concurrently filed, RD July 27 2007, pending.

I got a soft LUD on my I140 on 09/25 a hard LUDs on my I485 on 09/26 and soft LUDs on 09/28 and 09/29. My I485 status now states that an RFE has been issued and mailed on 09/26. I was waiting for the RFE to arrive anticipating it to on Birth Certificate/Tax Returns/I-20, etc., and I got a "courtesy copy" of the RFE from USCIS in mail today. My I140 status is unchanged till date except for the soft LUD.

It appears from the letter that the RFE is actually for my I140 sent to my lawyer dated 09/26 requesting proof of eligibility to pay, my transcripts from my university and proof of previous employment. Now I am totally confused. Why would USCIS update my I485 case status for an RFE and send an RFE for I140.

Any thoughts?
Respond to the RFE that you have in hand and ask your attorney to discuss with USCIS regarding the 140/485 issue.
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We can't solve problems by using the same kind of thinking we used when we created them. - Albert Einstein
*** Not a legal advice, use at your own risk ***
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  #3  
Old 10-30-2008, 05:29 PM
uumapathi uumapathi is offline
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Default Some light on the situation

My lawyer responded to the RFE on 10/21 and the case status updated as received on 10/30. Just out of curiosity, I called the USCIS number and got connected to a nice lady at the TSC. She listened to my explanation of the situation patiently and understood the situation although she did not have any explanation herself. She said it might have been a mistake as the officer might have updated I485 status instead of I140. She also said she was going to send an email to the concerned officer for an explanation and I can call back after a few days to get an update.
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  #4  
Old 11-06-2008, 09:50 AM
uumapathi uumapathi is offline
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Default I140 Approved

I had an LUD on 11/05/2008 and the status updated to "Request for Evidence Sent on 11/05/2008". I was frustrated to see that as I have just replied for an RFE. Surprisingly, there was another LUD on 11/06/2008 which says "Approval Notice sent on 11/05/2008". My I485 case still has the status of "RFE sent on 09/26/2008". I am planning to keep calling them in regular intervals until this matter is resolved.
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  #5  
Old 11-06-2008, 09:57 AM
sac-r-ten sac-r-ten is offline
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Thumbs up thanks for the updates

Thanks uumapathi for the updates. Helps many other in similar situation.
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  #6  
Old 11-06-2008, 10:09 AM
uumapathi uumapathi is offline
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Default No problem.

I'll be glad if the updates can help anyone.
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