I-140 after BEC: How, what, when, where ...

My case

I have been checking with the mail room and HR everyday after online show CERTIFIED. Finally the letter arrive and they gave it to me directly. However no enclosed document just only the cover letter. I still try to check with my lawyer whether he got the whole package or not? Cross my figure (hopefully my lawyer got the ETA750 signed).

shridharp said:
You dont get any letter or communication from BEC upon labor certification. Your Lawyer and Employer receives final determination lettter and you lawer receives all paper work.

My labor got approved on 8th Nov. In my case PBEC took total ~2 weeks to send all approval papers to Lawyer.

Lawyer told me that, you do not recieve any paper work at your home address during labor certification and I-140 process.
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In my case I no longer work for the company, but they agreed to continue my GC. I'm ready to apply for I-140 now.

Are there any complications or things that need special attention?

Will I be submitting the W2 from my current employer?

My lawyer & HR are vacationing I'm left hanging trying to figure out things on my own :(

wantGCfast said:
Here is the checklist of documents

1. Cover letter signed by employer explaining documents enclosed and requesting I-140 approval by USCIS
2. Completed I-140 form signed and dated by employer
3. $195 check (application fees attached fto the first page of I-140 form)
4. Original ETA9089 (PERM approval issued by DOL signed by me & my employer)
5. Copy of my Master's degree (earned from a US university)
6. Original transcripts for Master's degree (grade report) (extra copy issued by the US university).
7. CFO's letter stating our company has financial ability to pay. (Our company has nearly 4000 employees)
8) Last years FED/STATE tax return (yours).
9) Last 2-3 years of W2. (To show you earned DOL set wages)
10) Though you probably do not need it- An experiance letter from the employer.
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It took 20 days to get the 140 and 485 out to USCIS after LC appeared approved online

It took 20 days to get the 140 and 485 out to USCIS after LC appeared approved online!

Here are some details after LC. (Submitted same on our old thread)

Lawyer asked for all original F1s, F2s, H1s, H4s, original last education diploma and last transcript.
All current and previous passports.
Original marriage certificate.
Asked for all previous employment papers.
Certificates of all trainings mentioned in the ad.
Employment letter from current employer specifying all jobs mentioned in the ad.
Letter for travel requirement by employer for AP.
Tax papers of employer (Less than 100 employee) for the year LC was applied.
Copies of all W2s from employer from LC application year.
Copies of all my W2s from LC application year.
All my 1040s from the LC application year.
Four current paystubs.
(There were some disagreement between the lawyer and my employer about the necessities of certain financial reports. I was not allowed in the conversations!)
All my membership details of professional organizations.
Two affidavits of birth for each, myself and my wife (birth certificates I submitted were not adequate for some technical reasons).
Name, date and place of birth of parents of both myeslf and my wife.
Medical reports in four sealed envelopes, two for each.
Eight copies of passport photographs for each.
As I did premium, had to arrange a check to USCIS close to three grand excluding lawyer fees.
(I am sure; you all understand this is not the list you may be following. My request, accept the fact that your 140 may not be going out the next day of your LC hardcopy arrival!)

Wish you all a better year ahead!
 
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Question: change EB2 to EB3 by processing center?

Our LC(PD 5/10/2004) has been certified on 12/8/2006. But we found the required experience years on the original EAT 750 A (item 14) was changed to 3(hand written). It used to be 5 (typed) when we submitted it. Anybody has the same thing happened? We (even our lawyer) do not know who modified this from 5 to 3( no initial at all). Does this mean processing center can change Form EAT 750? Does this mean we have to process I-140 as EB3( we should be EB2 before)

All the ads we posted on newspaper and online show the job request is 4 BS + 5 yrs. I have MS and 10 yrs experience.

What we should do???

Please advise( urgent)!!!

Thanks in advance
 
Need expert advice

1) Does anyone knows more detail about premium filing for 140 (cost $1000)? Since I don't know which processing center, it will go to (Texas, Nebraska, Vermont, California, etc) Each center processing time are different. I heard Texas is the fastest one. Is it true that filing premium will take about 2 months the most? Please advice. :D :D

2) Roughly the cost for medical exam will be? Does it take a long time to acquire it?

3) Does our W-2 form salary must match the salary requirement on our LC? I have the employment verification letter that state my job title and the salary my boss will pay me but it is different from the w-2 filing? Please advice.

Thank you.

Somehow there is less respond on 140 issue comparing with PBEC madness issue. Mayabe everybody get approve easily and move on. Best of luck to everyone.
 
premium should get approved in 2 weeks.
Medical exam can cost anything between 150-400 depending on the doctor you pick.

eaky said:
1) Does anyone knows more detail about premium filing for 140 (cost $1000)? Since I don't know which processing center, it will go to (Texas, Nebraska, Vermont, California, etc) Each center processing time are different. I heard Texas is the fastest one. Is it true that filing premium will take about 2 months the most? Please advice. :D :D

2) Roughly the cost for medical exam will be? Does it take a long time to acquire it?

3) Does our W-2 form salary must match the salary requirement on our LC? I have the employment verification letter that state my job title and the salary my boss will pay me but it is different from the w-2 filing? Please advice.

Thank you.

Somehow there is less respond on 140 issue comparing with PBEC madness issue. Mayabe everybody get approve easily and move on. Best of luck to everyone.
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Company Made Loss on the year of LC PD

Hi Fellow surfers (or should I say sufferers :),

My company had loss on the year my PD seems to have been filled. Not sure about it yet. How does it impact my I-140 approval?

Thanks,
 
Guys,.

I am new to this thread. Attorney got the labor approval certification document on 30th dec.

Mine is EB2, RIR with Jun 2004 PD.

Does anybody know which service centre does the I140 application go to when it is filed from Atlanta, GA?..

Thanks for your response.
 
jaysai said:
Hi Fellow surfers (or should I say sufferers :),

My company had loss on the year my PD seems to have been filled. Not sure about it yet. How does it impact my I-140 approval?

Thanks,
Click to expand...

it shouldn't matter if the company has been paying taxes and is in good standing. If the company can prove that they have enough money to pay you the salary as per what they mentioned in the application you should be good to go..

Clarify with your attorney
 
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Cric said:
it shouldn't matter if the company has been paying taxes and is in good standing. If the company can prove that they have enough money to pay you the salary as per what they mentioned in the application you should be good to go..

Clarify with your attorney
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Cric,

Thanks for the update. My company is in good financial standing now. But, on the year my labor was filled, 2003, looks like they had some financial loss. So, I was wondering if that will cause any heartburns to me.

Thanks,
 
Hi,

Is it possible to file I-140 for an employer address that differs from the address specified on the approved RIR? The problem is that the employer moved while the RIR was being processing. Still the same state but different county. My attorney says that this is no-no. Is this correct?

Any help is appreciated.
 
home address change

Guys,

I browsed the forums but was not able to find any guidance with regards to my situation:

My home address that was listed on the labor certification (RIR) is different than the home address I will list as I file I-140 and I-485. Addresses are in different counties. Although, my work place address remains the same.

Please advice if you think this will become an issue in the approval of forms I-140 and I-485.

Thank you in advance.

RR70
 
certificates translation

Where/who do we go to for translation of non-english certificate for filing I140?

can somebody please point me into correct direction here ?
 
I think

ThirstyFish said:
Where/who do we go to for translation of non-english certificate for filing I140?

can somebody please point me into correct direction here ?
Click to expand...

Hi ThirstyFish
My lawyer give me the form to let anyone who is fluent in English and that language translate the non-english birth certification. He or she need to sign some statement. I think you should ask your lawyer. So far a few of my friends did that and there was no problem.

By the way, anyone file I-140 premium?
 
Got a RFE (Request for Evidence) on my premium I-140 after 11 days from TSC.

Got a RFE (Request for Evidence) on my premium I-140 after 11 days from Texas Service Center. I am with an employer with less than 100 employees. CIS want proofs to show that my company is and was capable of paying the salary as declared in LC application. They are ready to accept employer tax return of all the years from LC application year. Threatening to reject the I-140 if the documents are not submitted within 12 weeks.
 
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Thanks.

eaky said:
Hi ThirstyFish
My lawyer give me the form to let anyone who is fluent in English and that language translate the non-english birth certification. He or she need to sign some statement. I think you should ask your lawyer. So far a few of my friends did that and there was no problem.

By the way, anyone file I-140 premium?
Click to expand...

I am getting it done from professionals. They will certify,notarize and gurantee that it will be accepted by immegration.
 
next steps?

Hi all,

I just got out of the DBEC mess. I landed here assuming there will be some guidance/tips as to approach the next steps the right way. Couple of questions
:

1) Is the concurrent filing rule applicable to me (see signature)?
2) Which service center is applicable for I-140 in my case? I am thinking Nebraska... any idea of the processing time being taken?
3) My address and client (I am in consulting business just like the other gazillion of us) have changed since I applied for labor, will that be a problem?
4) Is it possible to check I-140 status online? What about I-485?

Thanks a lot for any pointers...
 
Still waiting for labor approval, but want to start getting the papers ready for next step. Wondering if you could answer the following questions. Any help greatly appreciated.

1. Letter for travel requirement by employer for AP
What is this?

2. Copies of all my W2s from LC application year.
Does this mean all W2 starting with your PD year till year your LC was approved?

3. All my 1040s from the LC application year
Same question as in 2.

4. Four current paystubs.
Only 4 last ones?

5. Two affidavits of birth for each, myself and my wife (birth certificates I submitted were not adequate for some technical reasons).
What is an affidavits of birth? And if you could use the birth certificate, you needed 2 per person, correct?

6. Medical reports in four sealed envelopes, two for each.
Is this for the 485? do you do the medical exam before you even file the paperwork or do they sent you a request for that?

7. Pasport pictures. Is this for the 485? And you needed 8 per person?


Last question. Hope not too personal, could you give a breakdown as for the $3000. I am with 3 people, and plan to do the premium, what are my cost excluding lawyer fees.
thanks for any info.
NY02Aug said:
It took 20 days to get the 140 and 485 out to USCIS after LC appeared approved online!

Here are some details after LC. (Submitted same on our old thread)

Lawyer asked for all original F1s, F2s, H1s, H4s, original last education diploma and last transcript.
All current and previous passports.
Original marriage certificate.
Asked for all previous employment papers.
Certificates of all trainings mentioned in the ad.
Employment letter from current employer specifying all jobs mentioned in the ad.
Letter for travel requirement by employer for AP.
Tax papers of employer (Less than 100 employee) for the year LC was applied.
Copies of all W2s from employer from LC application year.
Copies of all my W2s from LC application year.
All my 1040s from the LC application year.
Four current paystubs.
(There were some disagreement between the lawyer and my employer about the necessities of certain financial reports. I was not allowed in the conversations!)
All my membership details of professional organizations.
Two affidavits of birth for each, myself and my wife (birth certificates I submitted were not adequate for some technical reasons).
Name, date and place of birth of parents of both myeslf and my wife.
Medical reports in four sealed envelopes, two for each.
Eight copies of passport photographs for each.
As I did premium, had to arrange a check to USCIS close to three grand excluding lawyer fees.
(I am sure; you all understand this is not the list you may be following. My request, accept the fact that your 140 may not be going out the next day of your LC hardcopy arrival!)

Wish you all a better year ahead!
Click to expand...
 
Hi..

bingojohn said:
Hi all,

I just got out of the DBEC mess. I landed here assuming there will be some guidance/tips as to approach the next steps the right way. Couple of questions
:

1) Is the concurrent filing rule applicable to me (see signature)?
2) Which service center is applicable for I-140 in my case? I am thinking Nebraska... any idea of the processing time being taken?
3) My address and client (I am in consulting business just like the other gazillion of us) have changed since I applied for labor, will that be a problem?
4) Is it possible to check I-140 status online? What about I-485?

Thanks a lot for any pointers...
Click to expand...

Answer 1> Concurrent filing for EB3 (as yours) is possible for APR 2001 or before candidates. So answer is NO, you have to wait (Ages, i think :)
2>Not sure,but I think doesn't matter
3>It does not matter as long as you keep uscis informed (there is a specific form to fill up). It would matter after filing 485 though
4>you get EAC/WAC receipt number upon I140 filing and you can track it online just like H1B
 
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