RFE on EB3 to EB2 I-485

[kb1977]

Hello experts/gurus:

I am looking for some urgent advice.

I receieved an RFE against my pending I485 last week. I receieved my physical notice this week. And here is what it says:

"Your adjustment application currently indicates that you are applying for adjustment of status based on an approved third preference Form-140 immigrant petition with a priority date of February xx, 2005. As such, a visa is not currently available.

On December xx, 2012, a Form I-140, Immigrant Petition for Alien Worker, was filed on your behalf which sought to classify you as a Professional Holding an Advanced Degree or Alien of Exceptional Ability. This petition was approved on April xx, 2013, in a second preference category. Since you are the beneficiary of a second preference visa classification in which the visa was available at the time of filing and is currently available, it appears that you are eligible to transfer your adjustment application to this new visa petition. However, you must submit a formal request in writing that illustrates your desire to transfer your adjustment application to this visa petition.

A response is required regardless of whether an immigrant visa is currently available to you. your case must remain pending until a visa becomes available to you as per the U.S. Department of State's monthly Visa Bulletin, available online at www.travelstate.gov under "visas". Even though you have 87 days to respond to this Request for Evidence, the sooner you respond the sooner USCIS may be able to finalize your case if and when a vis becomes immediately available to you.
"


Here is a brief history on my case:
I had applied for GC in EB3 (India) in Feb 2005 (priority date). Applied I-485 in 2007 and received my EAD. I used AC21 to switch companies. My job function remained the same. I just left my consultant and joined the client I had been working for several years. My EB3 application ofcourse like many others has been pending due to EB3 retrogression. In 2011/2012 timeframe my employer applied for my GC in EB2 category. This was based on my experience and I had also finished my masters by this time. I got my PERM cleared and then my I-140 cleared. My 2005 priority date was ported over. So my new I-140 has the 2005 priority date on it.  In August the EB2 priority date for me has become current. My old I-485 got this RFE.

My lawyer at the company I work for has said that she will reply to this RFE. But she has not seen any such cases.

My questions:
1. Is this something to be concerned about? RFE's normally have this strong language stating 'case will be denied if ...'. I am just nervous about it. It seems if I leave out something they are expecting they are just going to deny the case.  
2. What should the response to USCIS look like. A simple letter staying the intent is to transfer the I485.
3. My employer will also include letter of employement. Anything else that should be included?


Thanks for all your help,
Yours sincerely.
 

[ravievg]

That is very simple RFE and nothing to worry...you just need to send them an interfiling letter...you will find many of these letter templates in murthy or other sites...after that you will get your GC....

[Lifeupsidedown]

USCIS want to interfile the EB3 to EB2. I got the same RFE and our lawyer responded with copies of old and new I140 and requesting them to interfile the app. I got the GC recently. Good luck and there is nothing to worry..

[kb1977]

Thanks guys for your help and support. Really appreciate it.

 

The suspense just keeps going ...

So my lawyer submitted this letter along with employment verification etc. This was mailed out on August 16th. It is August 28th today and the status has not updated yet. It still shows Request For Evidence status online. Is this normal/okay? I would think the status would change to reflect they received the documents?

 

Is there anything I should be doing (calling some service number etc.)? Or just be patient and wait.

 

Thanks again for all your help.

[Ramya_K]

kb1977

 

Any update on your case?

[kb1977]

No significant change. The status still shows RFE online.

I checked with my lawyer and got confirmation that the RFE response mail was receieved by USCIS. It was successfully delivered and signed on 8/19 in the morning.

I called the USCIS service number and spoke to the agent. He said he will not be able to provide any more information than what is available online. But he said that if RFE status does not change online, that does not mean the response has not been received by USCIS. He mentioned that I should wait 60 days and if there is no change until then, I call back and they can open a SR for me.

My date is current now, it may not be after 60 days. Waiting 60 days is really difficult. But I guess there is not much of a choice.

My lawyer has refused to do anything else. And I guess there is not much we can do?

I read some posts online of people recommending to contact congressman/senator for help. I just find it very difficult to ask some politician whose name I did not know so far to help out with my case. I will wait for some more time and see if anything changes before trying to do something like this.

 

Thanks.

[Belle]

Generally, the USCIS takes 15-45 days to consider the RFE response. So, unless 45 days have passed from the receipt of the response, I would not do anything.

[kb1977]

Thanks for your reply Belle. Appreciate it.

 

The only thing that bothers me is the RFE status has not change to response received. I would hate for the response to be lost in a mail room or something.

Is there no way to query that the response was actually received by USCIS and they will process it? I would be much more comfortable waiting 45 days if I only knew they have received the response. 45 days is a lot of wasted time if the response has not made it to them and needs to be resent.

[kb1977]

Okay, finally a change of status. The status went from 'Request For Evidence' to 'Initial Review'. I got an email saying:

On September 17, 2013, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.

The one and only address change I have done was in 2010 and this was after my I485 was already filed. So I am assuming they are updating that now? Maybe? There have been no recent address changes.

So the good news is I guess it is no longer in RFE status. But now again it is in 'Initial Review' stage where it has been since 2007. My priority date of 2005 is still current. Any ideas what happens next? How long before I get my GC?

Thanks for your help !