I-140 RFE Discussions

Hello 140 Gurus,

I just now got my labor application certified. I would like to apply for I485 only after i get married which i expect to happen end of this year or early next year.

Now i am inclined to file for I140 in a traditional, non-concurrent way. Is it something uncommon these days ? or do people still file in non-concurrent fashion ? If this has got some serious disadvantages then i might have to rethink my option here.

Please shed some light .

i really appreciate your inputs.

-milpride
 
Naanshi ...Madhu or any other


There is lot f things going on with this new rule...

I was just wondering is this new rule is going to effect I140 processing for non-concurrent cases too?



Please suggest???????
 
madhu,

this is what i understood from the link.

1. In concurrent cases, I140 and I485 will be processed at the same time, regardless of however many months it takes to complete both. (though they eventually planning to take 70 days for both).

2. Very little or no realization of AC21 portability.

3. Concurrent cases will be given priority and processed faster than non-concurrent cases.

4. Non concurrent cases will be slower, however you will have an option to switch job 6 months after the approval of I140.

Anyway, thanks for your inputs madhu.

-milpride
 
I-140 approved after education RFE

:) :) :) :) :) :) :)
My I140 RFE issued in last week of Feb was responded to in 2nd week of April. Exactly after 10 days of receipt of query my 140 was approved.

The query was about education equivalence. I have 4 year non computer degree and the 750 B has "Computer or related" in the education field. For the RFE I had my attorney complete the education evaluation and responded to the query with the edu eval and copies of all my computer related certifications.

Good luck to all of you!!
 
Originally posted by rseth123
Naanshi ...Madhu or any other


There is lot f things going on with this new rule...

I was just wondering is this new rule is going to effect I140 processing for non-concurrent cases too?



Please suggest???????
Click to expand...

I do not think that it will apply for non-concurrent cases. for complete understanding go to this link http://www.murthy.com/news/n_newpro.html
 
Memo and clarity

As usual,the latest memo has caused a quite a stir. I think mist around the memo would be cleared soon as I expect them to issue a clarification soon. So I think processing is going to be same as before , by that I mean..extremely slow .
 
friends , please provide yr input

How many days bcis takes to approve (an on hold) EAD after approving rfe'd 140.


140 RD - 12 -Aug-2003
EAD/AP/485 - RD - 01/13/2004

140 RFE recd - 02/27/2004
rfe - company abilty to pay and beneficiary w2s
Replyied - 03/31/2004
Status - APPROVED on 04/23/2004

AP - approved - 02/27/2004
EAD - still pending??
 
140 Approval after RFE

Just got the email from USCIS, my 140 is approved after 4 months waiting...(USCIS got my RFE response on 12/19/2003).
Good luck to all 140 filers (especially to sertra2002, hope you see your approval very soon).
 
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I-140 approved finaly !!!!

Hi cadence,

Thanks for your best wishes. They seem to have worked miracles !!!!!! Finally my I-140 was approved after a looong wait ! Just checked the online status and it shows the approval of the case on 28, April. (which happens to be my sisters b'day, and I received a speeding ticked also yesterday, and my wife got a job offer .... quite a day I must say !!!)

I wish everyone all the best and hope you all see your I-140 approved soon. Have faith, hang in there, there is light (& hope) at the end of the tunnel !!

Thanks all,
sertra2002
 
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Congrats cadence,
Can you throw some light on your case. What is RFE on I -140, RD etc.

My responce for RFE also received on the same day i.e 12/19/2003
RD June 9 2003.
RFE is about Company financial ability. My company submitted my W -2 . My salary was low compared to the labour.

I appreciate your inputs cadence.
Best of luck fro your I -485
 
sertra: Were you EB2 - Concurrent?
cadence: WHat about yourcase?

Do you'll think approval of 140 is advantageous or disadvantageous given the latest service center update?
Have you'll done FP?
 
Portability Only after I-140 is Approved

This is what is posted in this week's immigration News Letter of Sheela Murthy. It will be of interest for all those, who want to use I-140 Portability
*******************************
Portability Only after I-140 is Approved

The TSC confirmed that they are following the August 2003 Memo regarding AC21
portability. For a detailed analysis of this Memo, see our August 12, 2003
article, "BCIS Memo on I-485 Portability after I-140 Revocation"
<http://www.murthy.com/news/UDportme.html>, available on MurthyDotCom. The TSC
verified its position that the beneficiary cannot use AC21 portability until the
I-140 has been approved and the I-485 has been pending for 180 days. It also
stated that the beneficiary must inform the service center of the change of job
when s/he uses portability. We note that, while this is implied in various USCIS
or Legacy INS Memos and is what we routinely recommend, this requirement is not
specified in the AC21 law itself.

We will continue to advise MurthyDotCom and MURTHYBULLETIN readers of any
further important updates at the TSC and any other service centers.

© The Law Office of Sheela Murthy, P.C.
 
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Hi novice72,

I remember your case since it is very very close to mine.
my RFE is about the company's ability to pay. My lawyer gave them the company's financial statement, bank statement, my W-2 and tax return. Actually my company keeps losing money in past two years(That's why I worried about my 140). BCIS got my RFE reponse on 12/19/04. After 4 months waiting, finnally got approved.
Best wishes to you novice72, Hope you see your 140 approval tomorrow. Surprise can come anytime.

Originally posted by novice72
Congrats cadence,
Can you throw some light on your case. What is RFE on I -140, RD etc.

My responce for RFE also received on the same day i.e 12/19/2003
RD June 9 2003.
RFE is about Company financial ability. My company submitted my W -2 . My salary was low compared to the labour.

I appreciate your inputs cadence.
Best of luck fro your I -485
Click to expand...
 
registrationid,

My case is EB3 concurrent. My FP appointment is 05/11/04. I don't know my 140 approval is advantageous or disadvantageous for the new MEMO. But at least I can use my AP and EAD for sure after 140 approval.

Originally posted by registrationid
sertra: Were you EB2 - Concurrent?
cadence: WHat about yourcase?

Do you'll think approval of 140 is advantageous or disadvantageous given the latest service center update?
Have you'll done FP?
Click to expand...
 
Not sure

Originally posted by registrationid
sertra: Were you EB2 - Concurrent?
cadence: WHat about yourcase?

Do you'll think approval of 140 is advantageous or disadvantageous given the latest service center update?
Have you'll done FP?
Click to expand...


registrationid,

My case was under EB3. I applied 485 "semi-comcurrently". I-140 ND May, 21; I485 ND August 19.

Regarding your question, whether I think this is good news or not, given the new memo, I am not too sure. When I read the memo, and my I-140 was pending, and I got FP notice, I was hoping that I would benefit from the new memo and both I-140 and 485 may get adjuticated together, and soon. Now that I-140 has been approved, just 2 days before April 30th, I feel this could be an disadvantage, if, and only if, the pending I-140's start getting 485 approvals pretty quickly. This is still a gray area so we will have to wait and see how the imlementation of the new memo goes. This reminds me of the saying, "A bird in hand is beter than 3 in the bush !!"

Now atleast I do feel releived that my I-140 has been approved. An approval is always better than waiting and not knowing, even if it means 485 may take a longer time to clear. As cadence said, I do now have the option of using AC21, and my wife can also use her EAD without worrying if my I-140 may get rejected, thus canceling her EAD status, you know what I mean ...!

So, lets see. Again, I wish you and all forum members best of luck for thier i-140 AND finally 485/consular processing approvals !!

sertra2002
 
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Hi cadence,

Thanks for your wishes. Hope I see something in atleast a couple of weeks. My company made some profit but my W -2 was low compared to the labour. Mine is semi- concurrent I -EB3 140 June 9th, I -489 July 9th 2003 . Myself and my wife did not received EAD and AP. We got FP notice scheduled for 05/07/2004. I am not sure whether it is a positive thing.

Cadence just curious is W-2 is same as it is in your Labour?.

Thanks,
Novice72
 
novice72,

My W-2 shows the same as the salary mentioned in my labour.
I got my EAD and AP one month after filing (around August 2003).
I believe sertra2002 and my case were processed by the same officer, hope the same as you, so you will see your approval in next few days.

cadence

Originally posted by novice72
Hi cadence,

Thanks for your wishes. Hope I see something in atleast a couple of weeks. My company made some profit but my W -2 was low compared to the labour. Mine is semi- concurrent I -EB3 140 June 9th, I -489 July 9th 2003 . Myself and my wife did not received EAD and AP. We got FP notice scheduled for 05/07/2004. I am not sure whether it is a positive thing.

Cadence just curious is W-2 is same as it is in your Labour?.

Thanks,
Novice72
Click to expand...
 
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