CSC-I140 RFE cases
- Thread starter waitingforluck
- Start date
I140 approved I140 with sub labor
sorry to post an unrelated question, but i thought you knowledgeable and experienced folk might help. my labor was filed in 2002 and it is in brc, got 45 day letter and responded in 2005, no updates yet. I have an offer from another company, who has pre-approved labor (eb3 with pd in 2003), they are reliable because one of my friend is also working there and his was also substitution - but he was lucky - he got it in 2005 before retro..anyway, i heard that applying 140 thru sub labor results in rfe ? is that correct ? and what kind of a timeline should i expect from california ?
or should i just file a new perm ????
all guidance will be greatly appreciated and thanks in advance.
sincerely,
sorry to post an unrelated question, but i thought you knowledgeable and experienced folk might help. my labor was filed in 2002 and it is in brc, got 45 day letter and responded in 2005, no updates yet. I have an offer from another company, who has pre-approved labor (eb3 with pd in 2003), they are reliable because one of my friend is also working there and his was also substitution - but he was lucky - he got it in 2005 before retro..anyway, i heard that applying 140 thru sub labor results in rfe ? is that correct ? and what kind of a timeline should i expect from california ?
or should i just file a new perm ????
all guidance will be greatly appreciated and thanks in advance.
sincerely,
GCcomesoon
Registered Users (C)
Question
Hi
I filed my labor in May 2003, EB2 category.It got cleared last week.The labor app was filed in MS+2 years exp category.The app was prepared in Sep -02 when I was working for X company, The RIR ads went for 3-4 months & the actual app was filed in May -03. By that time, I had changed my company in Oct 02 itself.
Now after the labor approval , I was told that my 2 years exp will be only counted till Sep -02 as I have shown him as the last Company X- as last employer in the application ( ETA ) , If thats the case then I have only exactly 23 months, 20 + days as experience , cause if for eg ( I say 4/2002 - 7/2002 ) , USCIS will count it as 3 months only but as there is no overlap in months in exp letters, I think they should count it as 4 months.If calculated in my way its 27 months. but agaih its all in hands of USCIS
As per the attorney we might get RFE & later we can submit affadavit saying that while preparing the case , the applicant was with X employer & later he was with Y employer when case was filed, so the ETA wa not updated due to clerical error & USCIS should consider exp till May -03 ( when labor was filed)
I have exp letters to prove this fact which can be submitted with the affadavit.
Even then ass per attorney there lies a small risk of rejection ? so I file PERM to get extension & also file my 140 , as I'm on my 8th year now.
Has someone been in the same situation ?Has anyone received the RFE ?
Thanks
GCcomesoon
Hi
I filed my labor in May 2003, EB2 category.It got cleared last week.The labor app was filed in MS+2 years exp category.The app was prepared in Sep -02 when I was working for X company, The RIR ads went for 3-4 months & the actual app was filed in May -03. By that time, I had changed my company in Oct 02 itself.
Now after the labor approval , I was told that my 2 years exp will be only counted till Sep -02 as I have shown him as the last Company X- as last employer in the application ( ETA ) , If thats the case then I have only exactly 23 months, 20 + days as experience , cause if for eg ( I say 4/2002 - 7/2002 ) , USCIS will count it as 3 months only but as there is no overlap in months in exp letters, I think they should count it as 4 months.If calculated in my way its 27 months. but agaih its all in hands of USCIS
As per the attorney we might get RFE & later we can submit affadavit saying that while preparing the case , the applicant was with X employer & later he was with Y employer when case was filed, so the ETA wa not updated due to clerical error & USCIS should consider exp till May -03 ( when labor was filed)
I have exp letters to prove this fact which can be submitted with the affadavit.
Even then ass per attorney there lies a small risk of rejection ? so I file PERM to get extension & also file my 140 , as I'm on my 8th year now.
Has someone been in the same situation ?Has anyone received the RFE ?
Thanks
GCcomesoon
GCInThisLife
Registered Users (C)
If you have the I-140 receipt number, you can find the status from https://egov.immigration.gov/cris/jsps/caseStat.jsp. This site also allows you to register for email updates.
waitingforgc9
New Member
I-140 Approved
I-140 approved after long wait.
I-140 & I-485 Concurrent ND: 10/05/2005
CSC->TSC: 03/22/06
I-140 RFE: 06/19/2006
I-140 RFE Response: 08/11/2006
I-140 Latest LUD: 08/14, 08/15, 8/16, 9/07, 9/08, 9/09/2006
I-140 AD: 09/11 2006
I-140 approved after long wait.
I-140 & I-485 Concurrent ND: 10/05/2005
CSC->TSC: 03/22/06
I-140 RFE: 06/19/2006
I-140 RFE Response: 08/11/2006
I-140 Latest LUD: 08/14, 08/15, 8/16, 9/07, 9/08, 9/09/2006
I-140 AD: 09/11 2006
70 days later... 10 days after inquiry... stioll nothing.
After an RFE for my I140 EB2 (they asked for scientific papers and lots of other questions) answered on July 14 and 2 message-changes on the USCIS PHONE-service saying specifically i should get an answer by September 13 2006, and now an inquiry started by my employer (we now got another case number starting by TIB)... nothing s happening...
36 days before the expiration of my final 6th year in H1B visa and no way to extend it (started I140 Schedule A (with no need for PERM) in february 2006).
If that s not a race against the clock, i don;t know what it is
lol
After an RFE for my I140 EB2 (they asked for scientific papers and lots of other questions) answered on July 14 and 2 message-changes on the USCIS PHONE-service saying specifically i should get an answer by September 13 2006, and now an inquiry started by my employer (we now got another case number starting by TIB)... nothing s happening...
36 days before the expiration of my final 6th year in H1B visa and no way to extend it (started I140 Schedule A (with no need for PERM) in february 2006).
If that s not a race against the clock, i don;t know what it is
lol