I am hoping somebody can answer my inquiry regarding I-140 and I-485. I had recently submitted documents for RFE in regard to I-140 (USCIS received those documents on September 11) and the website still says it is in a processing phase however, it now said they have sent me another RFE letter for I-485 (filed I-140 and I-485 concurrently). I am confused as to what my status is for I-140????? I thought they only review I-485 after approving I-140. Has somebody gone through similar experience? Please help....

REF letter is just a letter, saying they have received your app, I 140/ I 485.
If you havnet heard anything frm USCIS, regarding weather Approval/Declined of your I 140, hten your status is "pending".

Usually, it I 140 is approved first, and then in couple of months your I 485 is approved.

goodluck

I am hoping somebody can answer my inquiry regarding I-140 and I-485. I had recently submitted documents for RFE in regard to I-140 (USCIS received those documents on September 11) and the website still says it is in a processing phase however, it now said they have sent me another RFE letter for I-485 (filed I-140 and I-485 concurrently). I am confused as to what my status is for I-140????? I thought they only review I-485 after approving I-140. Has somebody gone through similar experience? Please help....

=> RFE is issued when USCIS needs more information, evidence or clarification on your application. It is very important that you submit response to RFE within the given time frame (since you have done this on your I-140 and that USCIS has received your documents, you are fine). An immigration officer reviews your additional information and takes a decision on your case.

Sometimes, USCIS issues NOID which is also called Notice Of Intent to Deny. If you received NOID instead of RFE, failure to submit satisfactory evidence/document automatically leads to the denial of your case. NOID is riskier than RFE in the sense that you need to supply exactly what USCIS is asking for.

Even you concurrently filed I-140 and I-485, immigration officer may ask separate RFE on each case. I guess it depends on when the Immigration Officer reviews your file. Recently, USCIS has changed its working style as two center partner in processing case. Suppose you filed in California, your concurrently filed I-140 may be transferred to TSC and I-485 remains in CSC. Your RFE on I-485 may have been issued after reviewing your newly submitted I-140 or before it.

The document USCIS sends you after receiving your application is I-797 (Notice of Action).

Thank you mansion and harris for your quick and detailed response! My I-140 is in TSC but I am not sure where my I-485 is (I am a residence of VA). I was in the impression that USCIS starts the processing for I-485 only after they approve I-140 but that might not be the case here since I haven't heard the decision on my I-140 yet. I will just have to wait and see! thanks............

Mansion and Harris, is it possible that Lilly's RFE is for Finger-Printing?

Lilly, when did you file the applications and how long did it take to get the USCIS receipt number? I believe you checked the website based upon the case number in the USCIS receipt.

A letter asking the applicant to go to an application support center (the letter comes with an appointment with fixed place, time and date) for fingerprinting will not be termed as RFE by USCIS.

lily,
jahan samma malai tha chha
RFE is more like harris said.. u need to furnish more information. If you fail to then they can usually send you denial notice.

you can file 140 and 485 together. in this case. they might review both of them together and send RFE for 485 prior to approving 140

Katrina,
for fingerprint they do not send RFE rather notice and you take that notice to finger print.

Thapap and Mansion,

My lawyer said he has filed I140, EAD,AP and AOS about 7 weeks ago but I haven't received any acknowledgment letter or anything like that for them yet. Can getting a receipt letter from USCIS really take this long or is my lawyer not telling me the truth? Is there something wrong? Also will there be separate receipt letters for I140, EAD, AP and AOS? And when should I expect to get the finger-printing letter? Thanks.

Katrina, 7 weeks is too long not to hear anything from USCIS. Normally, they send I-797 (notice of action) within 2-3 weeks. That's the evidence that you have filed immigration paper with USCIS and your status is pending. You get separate I-797 for all the applications that you have filed. Just check with your attorney.

katrina,
usually LAWYER's use their own address for you. so, prolly its already in their office...
but as harris mentioned 7 weeks is a real long time...
congrats.. now you are officially gonna be a gc holder (O: ..

i do not know the processing time right now.. but if you filed all of them together then finger printing notice should come within 4 to 5 months.

katrina, why did not you just filed for 140 and go for counsellor processing. would have been a faster way to get GC.
i think 485 is back logged for a year hoina ra... [ just my thought]

Thank you very much for all your responses. To answers your question, I received the receipt number in less than a week after I submitted my documents on May 22, 06 (EB1 category). I have also already gone through the finger prints and have received EAD valid for 1 year. My question is why would USCIS start processing I-485 when they haven't made the decision on I-140? Is not that wait for their time?

USCIS is trying to take decisions on Adjustment of Status applications within six month by year 2008. Concurrently filed applications are reviewed together, that's how you get your work permit.

WHEN U FILE CONCURRENT;
IF THERE IS A ABILITY PAY RESPONSE NEEDED, IT WILL BE FOR i-140
FOR I-485, U WILL GET RECEIPT NOTICE WITH FINGERPRINTING NOTICE.
THEN U WILL GET RFE FOR MEDICAL IF U HAVE NOT ALREADY SUBMITTED..
THEN INTERVIEW AND GREEN CARD..

Thank you all for your responses. Just to share - checked the USCIS website and my I-140 has been approved. It took them less than a week to make the decision after
receiving documents for RFE. So, the total time frame for making decision on I-140 happened to be 3 and half months for me. Thanks to all for your help............

lilly,
so when is the party ? (O:

Hi Lilly-- Dont forget to invite us to party once you get your card. however, i am sure you have 4 different receipts for I-140, 485, 765 and Advanced parole 131. Since you already submitted your RFE for I-140 and was received by USCIS, your nexr RFE is under I-140 or 485? if its for the I-140, they might require additional docs or NOID previously said by Harris. Either way, check with your attorney for the RFE see what they asking for. It is very unsual to send second RFE on I-140 for the same case, however its possible for EB1 if its under NIW filing. IF your RFE is for I-485, then there is no need to worry, they might be asking for your Medical/Birth Certificate, Employment verifation etc. which you provide easily. since the bispecilization started from April 1st, your case should have been filed at the NSC and later forwarded to TSC (sister center). Usually NSC sends EB1 as well as EB2 case to TSC for adjudications and TSC much for flexible than NSC... Is your I-485 receipt start with SRC also... if it does, then your case is in TX Serv. Ctr.,
share with us when you get to read to your second RFE.
good luck

harris and thapap, i checked with my lawyer today again. He says there is no USCIS receipt yet. Not only that, the check he sent to USCIS for filing, even that hasn't been cashed yet. Can sometimes it take this long or is there really something wrong?

Kattie

Katrina, 7 weeks without a receipt notice and no check cashed suggest something wrong. Whatever cases I have filed before, I used to get the receipt notice within 7-10 days. The check is generally cashed within 3-5 days.

Which immigration category did you file?

Katrina,
There is no doubt your lawyer is not telling you the truth. I had the same problem. Finally.. finally.. finally... my lawyer gave me receipt notice so that I can check the status online. He kept lying to me, saying he filed my case by the end of July, but check hadn't been cashed yet. He gave me receipt notice # last week. My guess is that he only filed my case by the end of August.

Keep bugging him, however, don't fight yet!

Lily how is your case going on? Your case seems fine to me. Things happens in immigration office. I am with virginia based immigration law firm if you still having problem with your process please reach me at akatwalifegood@aol.com.

Thanks