I 140: NSC Consolidated XL Tracker

This Poll is to determine which cenetr is processing your I 140 to update the tracker


  • Total voters
    491
My understanding is that it can be used but under certain conditions. It is usually referred to as progressive experience and one of the conditions under which it can be utilized is if your job has changed more than 50% since you started working for your current employer, and your attorney can demonstrate that to the USCIS.
I beleive for that to happen, your LC should have been filed using that expereince and showing that change in responsibilities to be used at the 140 stage.
Hope this helps you. It may be very beneficial for others to know the exact language and context of your RFE. Please do share that if you dont mind.
I am not a legal professional and this is not a legal advise. Please consult a lawyer to know more about it.
Thanks,
frog
 
Thanks frog! Please respond !

eefrog said:
My understanding is that it can be used but under certain conditions. It is usually referred to as progressive experience and one of the conditions under which it can be utilized is if your job has changed more than 50% since you started working for your current employer, and your attorney can demonstrate that to the USCIS.
I beleive for that to happen, your LC should have been filed using that expereince and showing that change in responsibilities to be used at the 140 stage.
frog
Can you calrify this more or may be give me some pointers to read at ?
questions:
1.) So, what you are saying is that my exp. with the current employer before the priority date has to be different than what is required by the LC?
2.) My current job responsibilities, which is after the priority date, should be more than 50% different that whats listed on the LC?

Please clarify.
 
pururwa said:
Can you calrify this more or may be give me some pointers to read at ?
questions:
1.) So, what you are saying is that my exp. with the current employer before the priority date has to be different than what is required by the LC?
2.) My current job responsibilities, which is after the priority date, should be more than 50% different that whats listed on the LC?

Please clarify.

hey Pururwa,
this is about ur second RFE..right?? what is the exact wording of RFE???
 
I really dont have the capacity to clarify this anymore than I did in my first post.
I dont have the legal expertise to explain the points, nor do I know of any text that explains it. I am sure your attorney can provide more insight on it.

Your experience does'nt necessarily has to be different before and after the priority date, rather your job duties have to be changed more than 50% in order to tap into the experience from current employer.

I hope this helps and good luck with your approval.
Thanks,
frog
pururwa said:
Can you calrify this more or may be give me some pointers to read at ?
questions:
1.) So, what you are saying is that my exp. with the current employer before the priority date has to be different than what is required by the LC?
2.) My current job responsibilities, which is after the priority date, should be more than 50% different that whats listed on the LC?

Please clarify.
 
goodfella

go0dfella said:
hey Pururwa,
this is about ur second RFE..right?? what is the exact wording of RFE???
basically they want pay stubs and w-2s from my univ employments which I don't have since its been 7 yrs since then.
However, RFe letter says I can submit a leeter from the current employer showing my exp. before the priority date.

So, I want to know, what job duties I should list on this exp letter. Do these duties have to be significantly different that whats listed on the Labor ? Or what are the restrictions in using a letter from the current employer.
 
pururwa said:
basically they want pay stubs and w-2s from my univ employments which I don't have since its been 7 yrs since then.
However, RFe letter says I can submit a leeter from the current employer showing my exp. before the priority date.

So, I want to know, what job duties I should list on this exp letter. Do these duties have to be significantly different that whats listed on the Labor ? Or what are the restrictions in using a letter from the current employer.

can u not get letter from university in order to avoid any misunderstanding, i know its hard to have paycheck and w2s that far back but i am sure letter from university should help
 
adi_gc said:
Hi,

My previous I-140 was denied twice due to 4 yr degree req mentioned in the labor(filed twice using same labor, second time with Sheila’s eval). Finally, started a new PERM and filed the I-140 PP. My RD is Oct-13 and LUD changed on Oct-16 and Oct-17.

Any thoughts?

New PERM EdU req is BS or EQUIVALENT (EQUIV = 3 YR DEGREE +3 YR WORK EXP OR ADDITIONAL COURSE WORK)

Thanks......

My LUD changed again today and have not recieved any emails or any information. Any thoughts?

I140 EB3 PP - Oct-12
RD: Oct-13
LUD - Oct-16, Oct-17, Oct-18
 
I just received my I-140 approval notice and there is a priority date mentioned. They didn't switch me from EB2 to EB3 and as far as I know I'm coming from a non-retrogressed country. Is this normal? Is it a common thing?
CONCURRENT FILING. NON-RETROGRESSED COUNTRY
LC State: UT
LC Category (EB1/EB2/EB3): EB2
I-140 FD: 05/12/2006
I-140 RD: 05/15/2006
I-140 LUD: 07/22/2006
I-140 AD:10/11/06
I-485 FD: 05/12/2006
I-485 RD: 05/15/2006
I-485 AD: ??
 
Helpppppppppppp

My attorney is filling concurrent I-140 and I-485. He is taking his sweet time to file and i am not sure when he will be able to file. My LC AD was August 31st which we received on September 11th.

How long usually the attorneys take to file for I-140 and I-485?
Do you think 2 months is too long to file?
What should i ask my attorney to do to expedite my application filling?
I do not think that i can use PP for I-140. Am i right?
 
Why would they switch you from EB2 to EB3???

bobeanu11 said:
I just received my I-140 approval notice and there is a priority date mentioned. They didn't switch me from EB2 to EB3 and as far as I know I'm coming from a non-retrogressed country. Is this normal? Is it a common thing?
CONCURRENT FILING. NON-RETROGRESSED COUNTRY
LC State: UT
LC Category (EB1/EB2/EB3): EB2
I-140 FD: 05/12/2006
I-140 RD: 05/15/2006
I-140 LUD: 07/22/2006
I-140 AD:10/11/06
I-485 FD: 05/12/2006
I-485 RD: 05/15/2006
I-485 AD: ??
 
140 Rfe

I upgraded to premium processing and received an email indicating RFE. I don't know what the RFE is about. I understand that RFE question will be mailed to lawyer only. How long will it be before my lawyer receives that letter from USCIS?

Any one upgraded to PP and got RFE recently? Please share your RFE questions.
 
Can you provide more details about your case? When your FD is and when you upgraded to PP?
Please also share your RFE when its available.
Thanks,
frog
 
For ManyD

How long did it take for you to get the RFE email? Thanks for the information and good luck to you and everybody!
 
MannyD said:
I upgraded to premium processing and received an email indicating RFE. I don't know what the RFE is about. I understand that RFE question will be mailed to lawyer only. How long will it be before my lawyer receives that letter from USCIS?

Any one upgraded to PP and got RFE recently? Please share your RFE questions.

Check with your Lawyer. In PP cases they send RFE by mail on the same day they update the case information. So your Lawyer should be having it by now
 
vine95050 said:
For ManyD

How long did it take for you to get the RFE email? Thanks for the information and good luck to you and everybody!

2 days after FD. I will post more information when I have RFE info.
 
adjust20 said:
My attorney is filling concurrent I-140 and I-485. He is taking his sweet time to file and i am not sure when he will be able to file. My LC AD was August 31st which we received on September 11th.

How long usually the attorneys take to file for I-140 and I-485?
Do you think 2 months is too long to file?
What should i ask my attorney to do to expedite my application filling?
I do not think that i can use PP for I-140. Am i right?

You could file your I-140 right after receiving the LC approval which is usually just a few days. There is no reason why it would take so long to file these two forms. There are many papers you will need for I-140 and I-485, but those should have been prepared after starting labor certification. The medical examination needs to be done before I-485, but again this could have done before LC approval.

Put pressure on your lawyer to file, and make sure he is taking a good look at your case so it gets approved first time.
 
MannyD said:
I upgraded to premium processing and received an email indicating RFE. I don't know what the RFE is about. I understand that RFE question will be mailed to lawyer only. How long will it be before my lawyer receives that letter from USCIS?

Any one upgraded to PP and got RFE recently? Please share your RFE questions.
whats u r education and experience..give detail....also let us know what u have in col 14 and col15
 
Top