140/485 concurrent filing

[cooldude2k4]

My employer says that I file for I-140 first and once I get the receipt number for I-140, he will mail the I-485 application. Will it be considered concurrent filing?

 

[Want GC Soon]

Absolutely YES..He can either do it that way or send everything in one package(both are considered CONCURRENT)

Want GC Soon

 

[cooldude2k4]

Absolutely YES..He can either do it that way or send everything in one package(both are considered CONCURRENT)

Want GC Soon

Thanks a million. I've a US Masters Degree, but my employer is putting me under EB3. Is that a wise decision, as we see pilot programs slowly coming for EB2. What/How exactly do we need (documents) filing for 140 from my side so that I don't see any RFE. My employer wants to be fool proof by sending three months of pay checks. Is that fine? I've my W2s since 2000. But only during 2001-2002, there is a huge difference between my W2 amounts. Will that effect in any way. Please advise all necessary steps in this process.

 

[ETA-GC]

Thanks a million. I've a US Masters Degree, but my employer is putting me under EB3. Is that a wise decision, as we see pilot programs slowly coming for EB2. What/How exactly do we need (documents) filing for 140 from my side so that I don't see any RFE. My employer wants to be fool proof by sending three months of pay checks. Is that fine? I've my W2s since 2000. But only during 2001-2002, there is a huge difference between my W2 amounts. Will that effect in any way. Please advise all necessary steps in this process.

I filed for EB3 even though I have a Masters in CS. You don't want to use EB2 unless the labor certification clearly required a Masters / advanced degree.

On balance, at the VSC anyway, going EB2 (non-NIW) or EB3 doesn't seem to affect your processing time much these days.

It would also be interesting to know whether a higher % of EB2 or EB3 applications are rejected but I'm not sure if anyone has done this analysis.

An RFE isn't the end of the world although these could add months to your processing time (although in some cases an RFE can actually speed up your app if they finish processing it upon receiving your reply). But -- the USCIS is apparently going to outright deny some cases now where they might have issued an RFE in the past. IMO it's best to do everything you can to avoid an RFE -- get all your educational information clearly documented (including transcripts, equivalency documents, photocopies of your diplomas, etc. etc.), previous experience information (including letter from former employer on their letterhead, contact information etc.), company and personal financial information.

Not sure on the salary issues though... I know these have to track the amount specified in the LC (within some % -- increases are better than decreases).

ETA

 

[zbcx123]

cooldude2k4,

As per my attorney, filing multiple (EB2, EB3) I-140s against a single Labor Cert is a possibility especially when you have a Masters Degree in USA. What they would do is simply apply the 2nd I-140 with a copy of the original "Labor Cert" - so that if USCIS were to pick up the 2nd one ahead of time, they would kick back with a RFE at which time the employer/attorney would refer them to the first I-140 app for the original - Quite obviously one of them is going to be get rejected - owing to the fact that each Labor Cert can be used only for a single I-140 application.

But doing so will ensure that if USCIS continues to function in such an unorderly fashion of not processing the applications according to the dates - you will stand a better chance of getting your cased picked up when filing in multiple categories.

I've come across a couple of threads elsewhere discussing the technicalities ...

 

[Want GC Soon]

Thanks a million. I've a US Masters Degree, but my employer is putting me under EB3. Is that a wise decision, as we see pilot programs slowly coming for EB2. What/How exactly do we need (documents) filing for 140 from my side so that I don't see any RFE. My employer wants to be fool proof by sending three months of pay checks. Is that fine? I've my W2s since 2000. But only during 2001-2002, there is a huge difference between my W2 amounts. Will that effect in any way. Please advise all necessary steps in this process.

Your employer might put you on EB3 even though you might have a Masters, the reason being stated by employers are for EB2 they need to pay higher salaries which they wont do and moreover if you are filed under EB2, then your employer should employ consultants for doing your work only with a Masters degree, even though your work might still be done by a bachelors degree holder.

Hence he might put you on EB3.

Secondly, nowadays I see EB2 is getting processed slowly than EB3 and even attorneys advice you be on EB3. I have also seen few cases where EB2 been asked to convert to EB3 which kills even more time.

For filing I140, you just need to fill in the form of I140 which you should do, many columns on 140 application is employer filled and 140 approval is purely based on how your employer is judged in the eyes of INS.

If there is a huge difference in W2 then it might be a possiblityfor an RFE, but pray that it shouldnt fall in the eyes of a INS officer who had a bad night with his wife/girl friend..

Hope it helps..

Want GC Soon

 

[cooldude2k4]

Thanks a lot Guys. Hopefully I file under EB3 and wait on that.
Yes, my employer is asking me to wait for one full quarter to get paychecks for 140 submission. Do you think that is good?

 

[Want GC Soon]

Just follow what he says, as since you are at his MERCY..

Want GC Soon

 

[zbcx123]

Just FYI -

My attorney did not even ask me for a single pay stub. I've proactively sent him a couple which I'm hoping he sent along with the applicaiton. So unless ur company is small (size and revenue), I really don't think it is serious enough for you to halt the I-140 application.

 

[cooldude2k4]

Just FYI -

My attorney did not even ask me for a single pay stub. I've proactively sent him a couple which I'm hoping he sent along with the applicaiton. So unless ur company is small (size and revenue), I really don't think it is serious enough for you to halt the I-140 application.

Thanks zbcx123, My company has about 60+ employees. Do you think that is not enough and do I need the paystubs. Though my employer is pushing me to stay on payroll for atleast a quarter and only then apply for 140.

 

[zbcx123]

Not that I know more than the attorney, but if your attorney is quite working in your interest, I would suggest pushing him to go ahead with the I-140 filing even without the pay stubs. Worst case, USCIS will send a RFE asking you for paystubs at which time you can provide it.

All the best...

 

[cooldude2k4]

Not that I know more than the attorney, but if your attorney is quite working in your interest, I would suggest pushing him to go ahead with the I-140 filing even without the pay stubs. Worst case, USCIS will send a RFE asking you for paystubs at which time you can provide it.

All the best...

But do you think if I apply with say three paystubs rather than not having any. Would that help any and not get a RFE. what are the chances?

 

[zbcx123]

Afaik pay stubs are only supporting/optional documentation...

Perhaps ppl with first hand experience in this regard with USCIS could comment ?????

 

[cooldude2k4]

Afaik pay stubs are only supporting/optional documentation...

Perhaps ppl with first hand experience in this regard with USCIS could comment ?????

Thanks for you help zbc....
I will try my best and see what could be done.