I485 - Didn't respond to RFE - Worried

[Delhi]

Hi, My lawyer applied I485 for me in July 2007. I got a letter in mail today (Oct 8th 2010) saying that RFE was issued on July 14th 2009 and there was no response within the 90 days period. I have no idea that RFE was issued and I was not notified by my lawyer about this. My lawyer is usually very responsive. Actually I had applied for EAD extension and that got approved last month so I am confused why EAD was approved if there was a RFE a pending.

I checked online and my case I got the following message

"On July 14, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

Seems like they are still waiting for my response and no harm has been done yet.

I will contact my lawyer on Monday but I am very worried?

Has anyone seen a case like this before, am I in trouble?

Thanks!

[daru786]

Hi, My lawyer applied I485 for me in July 2007. I got a letter in mail today (Oct 8th 2010) saying that RFE was issued on July 14th 2009 and there was no response within the 90 days period. I have no idea that RFE was issued and I was not notified by my lawyer about this. My lawyer is usually very responsive. Actually I had applied for EAD extension and that got approved last month so I am confused why EAD was approved if there was a RFE a pending.

I checked online and my case I got the following message

"On July 14, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

Seems like they are still waiting for my response and no harm has been done yet.

I will contact my lawyer on Monday but I am very worried?

Has anyone seen a case like this before, am I in trouble?

Thanks!

Call or have lawyer call USCIS and ask them to send you RFE again. In some cases if you don't respond, the case is considered abandoned.

[Delhi]

Thanks "daru786". I will defitely ask my lawyer to dig into this. About you comment "In some cases if you don't respond, the case is considered abandoned". My EAD extension was approved last month and I got my EAD card. Is this enough proof that my I485 application is still in process and no damage has been done due to no response to RFE.

I am not 100% sure but I think I did check my I 485 status online last month and there was no mention of RFE. Can this be a mistake by USCIS?

Thanks!

[daru786]

Thanks "daru786". I will defitely ask my lawyer to dig into this. About you comment "In some cases if you don't respond, the case is considered abandoned". My EAD extension was approved last month and I got my EAD card. Is this enough proof that my I485 application is still in process and no damage has been done due to no response to RFE.

I am not 100% sure but I think I did check my I 485 status online last month and there was no mention of RFE. Can this be a mistake by USCIS?

Thanks!

Everything is possible with USCIS. EAD & I-485 are processed at two different places. There might be a glitch or maybe not. Your attorney is the best person to help dig into this.
Good Luck!

[Delhi]

daru786: Thanks again for you response. I will talk to my lawyer 1st thing tomorrow morning. Will keep posting my experiences in this case.

[Delhi]

My lawyer called USCIS and couldn't get any information as to why RFE was issued in July 2009. The officer they talked to was not able to pull that information. The lawyer did confirm that their office didn't get RFE notice in July 2009. So my lawyer has sent Employment verification letter, birth certificate etc. to USCIS "today" along with a letter explaining the situation. They are expecting that this will prompt USCIS to take another look at my case and ask for additional info if needed.Lawyer will call in again after 2 weeks.

-Is there no other way to find out why RFE was issued?

Thanks!

[daru786]

My lawyer called USCIS and couldn't get any information as to why RFE was issued in July 2009. The officer they talked to was not able to pull that information. The lawyer did confirm that their office didn't get RFE notice in July 2009. So my lawyer has sent Employment verification letter, birth certificate etc. to USCIS "today" along with a letter explaining the situation. They are expecting that this will prompt USCIS to take another look at my case and ask for additional info if needed.Lawyer will call in again after 2 weeks.

-Is there no other way to find out why RFE was issued?

Thanks!

This does not make sense to me at all. Your lawyer should have been able to get through to the Secondary Customer Service department which would usually send an e-mail to the person or department handling your case and find out about the current status.

[Delhi]

Daru:

My Lawyer didn't recieve any response after he filed my AC21 ans also sent a letter regarding the lost RFE from July 2009 for my I485. The idea was that USCIS might bring up the old RFE and send some information. After waiting for a while I went for infopass and requested to send the RFE again. Within a week I got the following response from USCIS

"Our system does not show that any notice has been returned as undeliverable. No notice will be mailed at this time as the last notice was sent on July 14, 2009."

My lawyer was disappointed that they didn't provide any specifics. The lawyer is planning to schedule another infopass session and we are planning to go together and request to talk to a supervisor.

Another development happened last week. USCIS approved my advance parole last week. My EAD extension was also approved last month. Doesn't make any sense.

Is there no other way to find out about that RFE?

I am also not feeling confident about my lawyers ability. In case I decide to change my lawyer, will my current lawyer transfer everything in my file to the new lawyer (including my old complany's I140 & labor application information)?

Thanks for your advice!!!

[daru786]

Daru:

My Lawyer didn't recieve any response after he filed my AC21 ans also sent a letter regarding the lost RFE from July 2009 for my I485. The idea was that USCIS might bring up the old RFE and send some information. After waiting for a while I went for infopass and requested to send the RFE again. Within a week I got the following response from USCIS

"Our system does not show that any notice has been returned as undeliverable. No notice will be mailed at this time as the last notice was sent on July 14, 2009."

My lawyer was disappointed that they didn't provide any specifics. The lawyer is planning to schedule another infopass session and we are planning to go together and request to talk to a supervisor.

Another development happened last week. USCIS approved my advance parole last week. My EAD extension was also approved last month. Doesn't make any sense.

Is there no other way to find out about that RFE?

I am also not feeling confident about my lawyers ability. In case I decide to change my lawyer, will my current lawyer transfer everything in my file to the new lawyer (including my old complany's I140 & labor application information)?

Thanks for your advice!!!

I am pretty sure that he will give you copies of everything and you can start with a new lawyers.