140 RFE--Please help

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charliesangel

Registered Users (C)
I have received an RFE for I-140. It says the following..Apart from the usual W2's and Federal tax returns for the company it wants
a) documentation that identifies the ownership of the petitioning firm--not sure what this means
b) all employees by SSN
c)Company has filed 140 for 9 other people and they want proof that the company can pay all 9.

I work for a small company which is an IT consulting firm with about 15 people..will my petition get denied if any of the IT consultants are not getting paid. How strongly is my case to other cases filed by this company... The last years profit of the company was just about 40,000 after paying all salaries..will that be an issue. I have been on projects ever since I joined this company so have all my pay stubs. Will that be enough

if I got less salary in one year prior to filing the labor certification with some other company will that be a problem
 
Let me see how I can help you.


140 RFE--Please help
I have received an RFE for I-140. It says the following..Apart from the usual W2's and Federal tax returns for the company it wants

a) documentation that identifies the ownership of the petitioning firm--not sure what this means
****** This is a common one. USCIS wants to know who owns the Company, what is their status like Greencard or Citizen etc.

b) all employees by SSN
***** All the employee first, middle, Last name, their SSN, Date of Hiring and salary details.


c)Company has filed 140 for 9 other people and they want proof that the company can pay all 9.
***** Company Bank statements, Tax reports etc.


I work for a small company which is an IT consulting firm with about 15 people..will my petition get denied if any of the IT consultants are not getting paid. How strongly is my case to other cases filed by this company... The last years profit of the company was just about 40,000 after paying all salaries..will that be an issue. I have been on projects ever since I joined this company so have all my pay stubs. Will that be enough
***** Company size does not matter.If your company has proper documents that will be enough. You should be happy that your company made at least some profit.


if I got less salary in one year prior to filing the labor certification with some other company will that be a problem
******* Why are you worrying about the salary prior to filing the labor certification?


Word of Caution:
I got almost same RFE in 2002 and my attorney screwed up the whole thing. Then my case went for some kind of INS investigation and finally got denied. So make sure your attorney takes your case very seriously and makes no mistakes, even if he/she takes little bit more time to answer to the RFE.

All the Best,
nanshi.
 
Hi There

I am also in a somewhat similar situation. Working for a South Dakota based small consulting firm has around 15 employees. So far havent heard anything back from these guys. My ND is 16 JULY EB2 RIR.

What is ur ND and Category?
 
Naanshi

BCIS guys ever re-issue RFE or if the information is wrong or missing then they simply deny the application.
 
That depends upon the adjudicating officer, who is handling the case. Some officers issue Intent to Deny letter (which is normally known as Second RFE), before denying the petition. Some don't. ( in 2002, I got Intent to deny letter also).

nanshi.
 
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Naanshi,
Thanks so much for the detailed answers. Is it a problem if the owner of the company is also an H1-B. I believe the other H1-B's in the company are in good shape..am trying to get in touch with them.

Rseth123,
Mine is EB3/RIR ND is July 1'st. I also work for a south dakota firm..are your attorneys www.rlapc.com and does your company name start with T ??
 
for Naanshi

Hey Naanshi

As you mentioned that "my attorney screwed up the whole thing". Do you mind sharing with us, the problem with your attorney, so that we can learn from your experience and take precaution in our case.


Thanks in advance.
 
For Tax Statements, he just sent some blank tax forms. INS got some kind of suspicion and sent for investigation.

nanshi
 
They are also asking for 5 years of progressive work ex..do i need to show 5 years on the day labor cert was filed or i can show till today??
 
The labor cert says that it requires a bachelor plus 5 years..when the labor was filed in April 2003 i had 4 years 4 months..not sure how if the few months difference matters..I have some part time work experience that i can add to the above.
 
Naanshi,
Will it be a problem if the firm's owner is not a US citizen or a GC holder?

Thanks in advance
 
Naanshi, Can you let me know if it is ok to have 4 years plus part time experience for a Labor which requires 5 years work experience.
 
Naanshi,

Can you please give your opinion considering your experience with filing I140.

Here is my situation.

My Labour got cleared in December '03. Iam planning to apply for I140 , Attorney is asking for W2 for 2003, but my income in 2003 is less than what has been mentioned during filing of labor.

How will it effect my I140 processing? Iam in dilemma whether to go ahead filing 140.

Please advice.
 
Originally posted by charliesangel
Naanshi, Can you let me know if it is ok to have 4 years plus part time experience for a Labor which requires 5 years work experience.
Click to expand...

This is fully depending upon the Officer who is going to process the case. It is very hard to guess how she/he will consider this Part time experience.
 
Originally posted by nagrs
Naanshi,

Can you please give your opinion considering your experience with filing I140.

Here is my situation.

My Labour got cleared in December '03. Iam planning to apply for I140 , Attorney is asking for W2 for 2003, but my income in 2003 is less than what has been mentioned during filing of labor.

How will it effect my I140 processing? Iam in dilemma whether to go ahead filing 140.

Please advice.
Click to expand...

Greencard is for the future job and if your company says that they will pay the Salary mentioned in Labor Certificate, after you get your greencard then it is O.K . Nothing to worry at this point.
 
Naashi,

My labor was approved with the following in column 14 and 15.

Column 14: (College Degree)

BS or equivalent.

Column 15: (Major Field)

Computer Science or Computer Related.


I have a degree in Mechanical Engg (BE - 4 years) and a diploma in advanced computing (6 months). I have also studied computer related subjects in my degree (Computer Prog, Operation Research, Maths...).


My education evaluation says that my BE + Diploma is equivalent to a US BS with concentration computer science.

Do you think I may have problem with my education equivalency during I140?

Thanks in advance,
dwd123
 
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