Hi,
I got RFE on 140. The requirements seem to be never ending. Please provide your inputs wherever possible.
1. Specify whether beneficiary will be contracting or working-in-house. If contracting, provide contract details (with whom the contract will be and job position). Submit employer’s contract for employment verification.
Info: Currently, I am contracting to a mid size company (600+ US and 1500 worldwide, including US).
Q: I am contracted through a vendor to the client. My company’s contract is with the vendor, Vendor Company happens to be a small company. Does the size of vendor company matter or should I provide some written document from my client also?
Since GC is for future, can we say that I am going to be working in-house? In that case we may not need to furnish contract etc. but on the other hand they may ask for in house requirements etc.
2. Identify nature of business, for whom work is provided; number of employees and amount of work done. Examples of work done; Identify number of employees, their positions and whether there is sufficient work to employ them and the beneficiary in a professional position.
Info: My Employer is mid sized company. About 120 – 130 in US and about 700 worldwide, including US. In US, it is mostly consulting; in other parts it is Software Development and BPO etc. My company has good revenues (I guess).
Q: Does employees outside the US count? What kind of document can support this requirement?
3. List of all I-129 and I-140 petitions pending for each location.
Info: Don’t know the numbers yet.
Q: “each location” means each service center? How does affect the decision? Is there any way of knowing the pending cases? I have the data from the DOL website for LCs. Link is provided in one of UN’s posts.
4. Company’s Audited financial statements for 97, 98, 99, 02 and 03.
Info: I am using substitute labor, which was applied on Jan’97 and approved in 98. I am not sure where to look for priority date of LC. (In ETA750, R.O is Jan 97 and I.O is Oct. 98). I joined this company in Apr. 2003 and applied for 140 in Nov. 03 and 485 in Jan’04.
Q: Why have they asked for these particular years? They have not asked for 2000 and 2001? Is R.O date on ETA the priority date?
What in particular they will be looking in financial terms? I have read the posts by UN but how to handle the financial analysis in case of substitute labor?
They have not mentioned “ability to pay” but essentially the analysis should be same?
5. Company’s Federal tax returns for 1997 through 2003.
Info: no information on numbers.
Q: How does this affect the decision? I doubt whether my employer will share the financial data wit me. What specifically should I know?
6. Establish the company employ beneficiary in professional position and within the area identified on ETA 750 LC.
Info: -
Q: I am not sure what do they mean by “within area identified on ETA 750”. Is it a problem if I am currently contracted in different area than specified on LC?
7. Copies of beneficiaries W2 and Federal Income tax for 2003.
Info: I have two W2s for 2003 as I joined this company in mid 2003.
Q: Sum of 2 W2s is $1000 less than preferred wages, is it a problem?
I have been regularly paid, should I send 2004 pay stubs (they have not asked for this). Currently, my salary is $2000 less than preferred wages on LC.
8. Explain how petitioner could submit copy of LC if original was lost?
Info: The original copy of LC was lost and a copy was submitted.
Q: Does USCIS get the original from DOL? How much time does it take? Can my attorney request for original from DOL?
Thanks,
takegc
=============================================
CSC:
I-140 (Labor Substitute) RD: 11/03/2003
485,EAD,AP RD: 01/2004
EAD Approved (for self and spouse): 03/2004
AP Approved (for self and spouse): 03/2004
FP done: 04/2004
RFE: 10/14/2004 (140 – Ability to pay; 485- Medical )
I got RFE on 140. The requirements seem to be never ending. Please provide your inputs wherever possible.
1. Specify whether beneficiary will be contracting or working-in-house. If contracting, provide contract details (with whom the contract will be and job position). Submit employer’s contract for employment verification.
Info: Currently, I am contracting to a mid size company (600+ US and 1500 worldwide, including US).
Q: I am contracted through a vendor to the client. My company’s contract is with the vendor, Vendor Company happens to be a small company. Does the size of vendor company matter or should I provide some written document from my client also?
Since GC is for future, can we say that I am going to be working in-house? In that case we may not need to furnish contract etc. but on the other hand they may ask for in house requirements etc.
2. Identify nature of business, for whom work is provided; number of employees and amount of work done. Examples of work done; Identify number of employees, their positions and whether there is sufficient work to employ them and the beneficiary in a professional position.
Info: My Employer is mid sized company. About 120 – 130 in US and about 700 worldwide, including US. In US, it is mostly consulting; in other parts it is Software Development and BPO etc. My company has good revenues (I guess).
Q: Does employees outside the US count? What kind of document can support this requirement?
3. List of all I-129 and I-140 petitions pending for each location.
Info: Don’t know the numbers yet.
Q: “each location” means each service center? How does affect the decision? Is there any way of knowing the pending cases? I have the data from the DOL website for LCs. Link is provided in one of UN’s posts.
4. Company’s Audited financial statements for 97, 98, 99, 02 and 03.
Info: I am using substitute labor, which was applied on Jan’97 and approved in 98. I am not sure where to look for priority date of LC. (In ETA750, R.O is Jan 97 and I.O is Oct. 98). I joined this company in Apr. 2003 and applied for 140 in Nov. 03 and 485 in Jan’04.
Q: Why have they asked for these particular years? They have not asked for 2000 and 2001? Is R.O date on ETA the priority date?
What in particular they will be looking in financial terms? I have read the posts by UN but how to handle the financial analysis in case of substitute labor?
They have not mentioned “ability to pay” but essentially the analysis should be same?
5. Company’s Federal tax returns for 1997 through 2003.
Info: no information on numbers.
Q: How does this affect the decision? I doubt whether my employer will share the financial data wit me. What specifically should I know?
6. Establish the company employ beneficiary in professional position and within the area identified on ETA 750 LC.
Info: -
Q: I am not sure what do they mean by “within area identified on ETA 750”. Is it a problem if I am currently contracted in different area than specified on LC?
7. Copies of beneficiaries W2 and Federal Income tax for 2003.
Info: I have two W2s for 2003 as I joined this company in mid 2003.
Q: Sum of 2 W2s is $1000 less than preferred wages, is it a problem?
I have been regularly paid, should I send 2004 pay stubs (they have not asked for this). Currently, my salary is $2000 less than preferred wages on LC.
8. Explain how petitioner could submit copy of LC if original was lost?
Info: The original copy of LC was lost and a copy was submitted.
Q: Does USCIS get the original from DOL? How much time does it take? Can my attorney request for original from DOL?
Thanks,
takegc
=============================================
CSC:
I-140 (Labor Substitute) RD: 11/03/2003
485,EAD,AP RD: 01/2004
EAD Approved (for self and spouse): 03/2004
AP Approved (for self and spouse): 03/2004
FP done: 04/2004
RFE: 10/14/2004 (140 – Ability to pay; 485- Medical )