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I-140 denial saying RFE response not received at the USCIS

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Posted by bostonismyhome (676) 06 Sep 2016#1
Hi All,

I got an RFE for my I-140 on March 15th 2016. The RFE was ability to pay. My attorney replied to the RFE on June 5th 2016 and USCIS received it on June 6th 2016. I also got a USCIS alert in my email saying that they received I-140 rfe response on June 6th 2016 and they will continue processing it. Also the FedEx tracking number shows that USCIS received the RFE response on June 6th 2016. The deadline for RFE response was 87 days from the date RFE was issued, which is 9th June 2016.

My I-140 got denied on Aug 23rd 2016 and my attorney got the denial letter today on Sep 6th 2016. The reason mentioned in the denial response is USCIS did not receive the RFE response and hence denying the case.

Has anyone seen such issue? Opinions appreciated. Any idea what should be done now?
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Posted by DJ55 (12) 26 Sep 2017#2
to bostonismyhome:

Hello Friend,

could you please tell me what was the outcome of your case.

I also have a similar case, wherein i140 got Denied stating 'RFE response not received by USCIS'.

Thank you
Dj.
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Posted by bostonismyhome (676) 26 Sep 2017#3
to DJ55:

We filed an MTR (Not Appeal) with all the proof on September 8th 2016 and also submitted an expedite request because it was a USCIS error. My I-140 got re-opened and approved on February 9th 2017.
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Posted by DJ55 (12) 26 Sep 2017#4
to bostonismyhome:

Thank you for the reply.

what is an expedited request ? Can we do this for MTR also ? . i am facing the same situation with my case.

thank you
Dj
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Posted by bostonismyhome (676) 04 Oct 2017#5
to DJ55:

See section 4.9 in the following link:

https://www.uscis.gov/about-us/directorates-and-...

If it is USCIS error we can submit and expedite request
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Posted by DJ55 (12) 27 Oct 2017#6
to bostonismyhome:

Hi,

My MTR was filed a month ago.

Today I got notified on my i485 applications filed for myself, wife and kid. It is stated as,

"Your Case Status: Post Decision Activity

Your appeal was dismissed and the original decision on your case, Receipt remains the same"

Does. it mean that , the decision was made on my MTR and based on the decision they have denied the i-485 ?.

Please guide.

Thank you
DJ
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