Appeal I-140 - RFE from AAO after 3.5 Years


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My EB3 140 (PD 2004)was denied due to job requirement written in labor filing and supporting documents (mistake by lawyer), related to education. Immediately after that my 485 was also denied which I filed in July 2007.

We filed appeal in 2008 to buy the time and extend H1B and after 3.5 years got the RFE by AAO. They are asking not only the evidence for education but also for ability to pay, new experience letters, new evaluations and information about all other 140s filed for other employees and much more.

After filing appeal, in late 2008 I started a new PERM (this time EB2) and 140 which was approved and did the H1 extension based on new approved 140.

Recently EB2 was current so I filed 485 and got EAD/AP.

My questions are:

1. Since RFE reply is not straight forward and will need lot of effort to collect all documentations etc--- Should I care to reply (as my new PERM and 140 is approved)?

2. What will be the impacts for not replying the RFE (apart from denial of appeal) .

3. Will there be any impact on the approved 140/485?

4. Is there a process to withdraw the appeal?

5. Any other suggestions?

I will contact my attorney but want to seek the advise from the experienced fellow members.


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