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Waiting On Rfe Response From Uscis

Discussion in 'AC 21 I-140 Portability' started by aravidu, Dec 30, 2016.

  1. aravidu

    aravidu New Member

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    Hello Ron,
    I have a very curious case.. mostly unfortunate. In a nutshell, here's my story:

    Filed for EB3/140 on a pre-approved labor with (PD Dec/2004) in July 2007 from Company A.
    USCIS approved EB3/140 in May 2008.
    Filed for EB2/labor in Jan 2012. USCIS approved EB2/labor in Dec 2012.
    Filed for EB2/140 in Dec 2012. USCIS approved EB3/140 in Jan 2013.
    Due to some issues with employer, (Company A) USCIS audited employer in Aug 2013.
    Due to EB2 porting, my PD of Dec/2004 became current in Aug 2013, coincidentally and we filed for I-485; received EADs. PD on I-485 is Dec/2004.
    USCIS revoked EB3/140 saying there are issues with my EB3/140 filing and re-adjusted EB2/140 date to Jan/2012. Priority date on I-485 is still printed as Dec/2004. They never adjusted this.
    I changed employers, to company B, in Sep 2015.. still valid H1.. although I have valid EADs that I keep extending every year.. and USCIS approves.

    USCIS sends an RFE on medicals in June 2016. We reply back with medicals and also filed AC-21.
    USCIS sends another RFE in August 2016 asking us to prove my status in US. We reply back in Sep 2016 (within deadline) proving my status both on H1, valid EADs, entry/exit, I-94 copies and a letter from Company B (current employer).

    I am still waiting on the approval/denial from them. My questions are:
    1. What is my priority date?
    2. Can I change employers again?
    3. Can I make a request to my local congressman to expedite this case?

    Just FYI, I am in US for 16 years!
     
  2. leo1476

    leo1476 Junior Member

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    How do you know that CIS "re-adjusted" your priority date? Did they give you a letter saying so?

    Also, reach out to your state's US senator or congressman and get his office to investigate the holdup. I should (if possible) always go with a senator or congressman who is a democrat.
     
  3. aravidu

    aravidu New Member

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    Hello.. thanks for replying to my query. I don't know for "sure" if CIS "re-adjusted" my priority date. They adjusted the ported EB2/140 date from 2004 to 2012.. but the 485 filing date and receipt are still the same - as filed, with priority date 2004. They did not adjust 485 priority date. As of today, 5/18/17, my case is still pending. Between January - April, we raised 3 service requests but didn't get any response. So, I reached out to our local congressman last week. They got back to me saying that my case is with an "adjudicating officer".

    That's the update for now.
     

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