I-140 denied due to delayed response

[virenpshah]

I had received an I-140 RFE from USCIS based on a letter dated Jan 11, 2008. The response must be submitted within 42 days which are over on Feb 21, 2008 but RFE response submitted by lawyer was on Feb 25, 2008 (reached to USCIS on this day).

I don't have the reason of denial yet which could be either "Ability to Pay" as in RFE or "Delayed response".

What are my options?

If we have RFE response delayed, can USCIS approve MTR in such scenario? What are chances on such cases?

My sixth year of H1 starts from Mar 10, 2008 valid till Mar 10, 2009.

Thanks in advance.

[Ron Gotcher]

You have to deal with your lawyer on this. I cannot comment on cases where people are represented by counsel.

[virenpshah]

Hello Ron:

Thanks for the response.

My questions is what does USCIS do in the delayed responses?
Can they consider motion to reconsider / reopen in such cases? Will it be accepted by them?

Thanks.

[emo99]

Both r in same boat..

My i-140 got denied because my rfe file didn't reach in time, before due date ..that happened because of USPS misshipment, my employer refiled it along with USPS letter..
So any ideas what's next?? will they reconsider it??

[kumhyd2]

I am in the same boat. I got an I 140 RFE dated Jan 8 and the RFE and the response is supposed to be submitted with in 12 weeks ( no date specific date mentioned). So when I calculate according to this it is 84 days. In this case it would be April 2nd. My employer is about to send the response which possibly will be recieved by April 7th. I need to shell out some money for this. So am worried if it is worth shelling few thousand of dollars on answering this query. or is it better to wait to get the NOID and then respond in 30 days.

[kumhyd2]

Can we generalize that a delayed response by couple of days for an I140 RFE is always denied

[kumhyd2]

can you folks let me know what happened to your Denial status.

[Ron Gotcher]

If you miss the deadline by a day or two, they won't necessarily deny the case because the response was late. They will not, however, issue a notice of intent to deny - they will issue a denial if they are going to deny the case.