RFE - Request for Further Information

[Bobby]

Hi All,

Just wondering how many of you, have sat in front of a Request for Further Information letter from USCIS dejectedly thinking that the game is over??

Is it just me, or have others sat down to work on their response thinking "what's the point, I can't supply HALF the evidence that they are asking for" ??

I've read and re-read the letter and it would take me at least 2 months to "properly" respond to such a detailed request, ...and they give me 3 weeks and it has to be received by them within this time, which is effectively 2 weeks, given the time to mail the response.
Wonderful! ...arrived just as my sister who has never been here before arrived from the UK. ......which takes me down to one day now that she's gone to prepare what I can.

Wasting my time I think.

Obviously you give as much information as you can, but I can't help thinking that with a bit more time, I would have a more professionally prepared response, padded full of the crap that they obvioulsy feel the need to see, that I feel personally is absolute bull**** and nothing whatsoever to do with what my business does here.

I'll give you a short example, and if anyone reading can offer a reasonable explanation as to what the importance is, then I'll be surprised:

"Provide a detailed description of the beneficiary's position abroad and clearly define the specific day to day duties of this position. Provide information regarding the beneficiary's subordinate employess within the foreign entity, such as job titles, job duties and minimum position requirements."

There are 36 people in the company, so I provided a flow chart with titles, and areas of responsibility. Thought that'd be enough. Obviously not!

....and a sample weekly work schedule???

I understand that it is necessary to prove that a business is legitimate, but with 36 employees, annual reports, etc. etc. I just thought that they haven't given me enough time if they "really" wanted this info. How do you provide a weekly work schedule to cover 36 people??

I'm guessing that they are tightening the L-1's conversion to green card. Perhaps to stop those Mom & Pop businesses from setting up and piggy backing onto green card with only a few employees, ...and trying to get back to the original concept of the L-1, which was to bring managers of "larger" industry to the US to open branches of those "larger" companies.

Anyway, I've completed what I can in the time given and will mail it tomorrow with fingers crossed, but not holding too much hope toward a satisfactory response.

We'll see!!

See you in Oz next year then!!

Bobby

[peter gold]

Bobby
I thought you were on an E not an L visa.
As you surmised there has been so much fraud with the L visa they are tightening up on the first renewals after one year.
They want to be sure there are two substantial compnaies being run by the intra copmany transferee ( assuming that to be you) .
Just comply as best you can with there requests and you should be alright, then next step green card. Worth the effort if that is your goal.

[Bobby]

The RFE is for the I-140 and subsequent I-485 which is "pending" too.

I filed a successful L-1 renewal last year, but as things have changed within our company to involve real estate investment as well as our pool company, I am a bit worried that they may look at my scenario a bit closer than perhaps some cases a few years ago.

I've made my bed, ...and I'm happy to lay in it. I'm not crying in my beer like some folks when it goes pear shaped for them.

Everything happens for a reason and I believe that I've been more legitimate than some, that I know, who already hold green cards, so I still live in hope.

Bobby

[anniefromessex]

Bobby,

What you have been asked for is the sort of thing they ask when requiring further evidence even for an E Visa - they want to know the in's and out's of a cats ar.. - time spent on this that and the other duty - managerial positions, who answers to who etc etc. So why are you stressing - if you are turned down there has to be a reason!!!

Annie

[peter gold]

Bobby
That is the right attitude and best of luck I am sure you will be ok

[Bobby]

Bobby,

What you have been asked for is the sort of thing they ask when requiring further evidence even for an E Visa - they want to know the in's and out's of a cats ar.. - time spent on this that and the other duty - managerial positions, who answers to who etc etc. So why are you stressing - if you are turned down there has to be a reason!!!

Annie

How very catty of you! Your bitterness is overwhelming.

You may have read that I am not actually stressing over it. I have a full understanding, as I have posted this evening, that if it's turned down that it's MY fault, and nobody else's.

I'm quite happy with my situation.

.........and you're right, as with any case, if there's a denial, then their MUST be a reason. I'm glad you have finally acknowledged this.

Bobby

[charliesmum]

Bobby

I think everyone looks at the letters they get about visas, Green Cards or whatever over here and has a feeling of dread about them. It's the whole thing of your destiny being in someone else's hands. That was what used to get me when we were going for our renewal - the idea that someone sitting in an office in London would decide my families - and our employees and to a certain extent our customers - future. We all have a certain spirit to move over here and that is very much put to the test at these times.

You know yourself if you have a business that is good enough to get you through and with a few hours work, I'm sure you can write up the paperwork they are looking for. It's getting going with it and setting it all straight in your head, but when it's done and the paperwork is in, then you have to sit back and not think about it anymore. You will have done all you can.

I wish you luck with your application and hope you get the outcome you hope for.

Zoe

[Kriz1]

Best of luck Bobby....I can't lose you I'll have no-one to tell off...

[Bobby]

Thank you Zoe and Kriz!

What will be will be. I was probably just a little surprised at the amount of detailed info that they required which I knew wouldn't be at hand and would take some time to put together, ..that's all.

I've said it on many posts before, ...your case is your case. If they've decided that we don't make enough money or employ enough people then so be it.

I believe that they are changing their stance on the L-1 and adjustments from this visa, so I may have applied at the wrong time, but I shall wait and see.
Thank you for your support.

Bobby

[kirtida8]

Good luck Bobby

[Susie]

Hi Bobby,

Just thinking aloud here.

You say your USA biz has changed from just a pool company to investments too.

So maybe, just maybe, they suspect your original company would not qualify on its own and why you have now included investments and therefore want to clarify if these investments are actually taking place and where the money came from? or thinking, maybe some sort of scam? (sorry-nothing personal-just trying to think aloud)

Did you combine two separate companies in the USA?

As you are an L1 inter company transferee, they want to know what your position and duties are in relation to the UK parent company. My guess is you are managing director of that company and converse frequently, via phone, e-mail and fax

And Yes, you have hit the nail on the head, the USCIS is looking at all I140/ 1485 applications much more closely now a days, and will try and post the link

Please feel free to call me with all the list of further evidence they require and I will try and assist you

[byjove]

You seem to be reading too much in RFE, fact is almost every one gets it and its infact a good sign not badall you need is to reply very tactfully the duties of the persons involved, USCIS is not wanting informationn for each emplyee but wanting to know how the business operates... in what capacity each individual operates..... for 36 employeess.... I am sure there must be some in same management or staff capacity ... not all will have different job responsibilities for example, 10 may be assistant managers ... taking care of same duties...these all can be documented together... with detailed explanations to their job responsibilities and the importance of these position to the success of the business:

10 ppl.... at thess positions..
job responsibility....
brief discription

one can ask for extension on time to reply on rfe
at least one time its normally granted, you should not panic..........moreover for rfe 60 days time is given to respond to rfe.

[byjove]

also...... you can just pay an attorney to handle just the rfe, they wont cost too much and USCIS likes attorneys responses as both talk on same pages. Infact its the ideal situation when one feels its too much information uscis is asking, as in reality it can just be a few lines needed with twisted turns that attorneys can do very well. But good luck, bet you have an angel on your shoulder!:angel:

[OberonSH]

Guess the only thing you can do is pull a few late nighters, plenty of the old Java and plough through it. Give them the best answer you can. Its been said before - they're a law unto their own, and even though they've had the info, they want to see it on pink paper this time, written in purple ink.

You've probably already got the all relevant info somewhere, it's just a case of putting it in the right format.

Good luck - I didn't realise you were L1 either!

[Bobby]

Thank you guys for your responses.

I haven't been given 60 days (Byjove), that's probably what's upset me for the moment. I know that given more time I would have presented it better, but I'm going with what I have, and thank you for the reassurance that nearly everyone gets RFE, I agree that it's so much better than a flat "intent to deny" which you also get time to respond to, albeit perhaps defeatedly!

Not sure why some presumed I was E-2, ...I've mentioned quite a few times about my L-1 renewal and first application, perhaps on those threads where I was a strong advocate for filing applications without a lawyer, and of course I'm taking that route again. Foolishly or not, as I always say, if it doesn't work out for me, then I can only blame my own judgments. I am more comfortable presenting this on my own. Whether that's right or wrong, I feel that I can live with the decision.

.....in response to Susie's question, or observance, ....I have disclosed the real estate investment side of the business which still comes under our corporation as I thought it showed more responsibility for the position of executive manager. I troubled with the decision for a bit, but I thought it through and deduced that anyone reading the file and looking at a pool company with a few hundred thousand invested wasn't much responsibility and may not show the need for an executive manager (though it was good enough for L-1 renewal last year), and believe that showing EXACTLY what we are doing, (whether it's a swing in a completely different direction), was needed.
I believe that if you did this on E-2 it may be completely different, but as I was sent here from our parent company in the UK to invest in the US, I feel that we are still holding our side of the bargain.

Finally, ....I've never been a fan of the word "scam", especially with my name on the same page. Nuff said.

Bobby

[tracifrost]

bobby, RFE is (not teaching you to suck eggs here) but usually just a bit more support of the original docs which you submitted.
Anyhow, i dont want people to pull me to pieces here, by saying.....not true...blah blah, by my next statement.
USUALLY a RFE is followed by an APPROVAL NOT a denial.
you have provided everything you can.
Expect your greencard approval, in the not too distant future, you will get approved.

[Bobby]

Thank you Traci,

You have more faith in this than I do, and I'm ever the eternal optimist!!

I'm not so sure that EVERY RFE is followed by approval, but again, it could have been worse, I could have received an "intent to deny" (unless you can prove otherwise sort of letter.)

I sent the file off today and I'll sit tight and wait to find out what their decision is. Either way, what's done is done.

Obviously, I'm hoping that somehow in between they approve the green card. I know someone that this has happened to. I-140 was still pending and then got their green cards. Bizarre set of circumstances, but who cares, they got through it all in the end.

Thank you for your posts and PM's of support. It's good to see things from every angle.

Bobby

[peter gold]

Bobby you can and will do it.

[McSporran]

Hi Bobby,
I've only just seen the thread mate...and as you've already sent the file I wont bother playing "Monday morning quarterback"...but just to say I'm routing for you mate and wish you every success.

[Bobby]

Thank you Peter and McSporran.

If I get a green card then it just goes to prove that the country's gone nuts!! lol

Bobby