CSC-I140 RFE cases

[kayjay]

Any 140 Approvals?

CSC received my 140 RFE on Nov 09 '05 and till date I havent received any information on my case.There was an LUD on Nov 15th but I didnt hear back on anything.

Appreciate your inputs!

Subst Labor PD - April 2002
140/485 RD - June 21st '05
140 RFE RD - Nov 9th '05
140 LUD - Nov 15th '05

 

[ragsGC]

Kayjay....here is my update

Hi Kayjay,

I am pretty much right behind you, I guess.
Refer to my signature


RagsGC,
_________________________________________________________________

Subst Labor PD - MAY 2000
140/485 RD - June 29th '05
140 RFE RD - Nov 29th '05 (NO LUD)
140 Replied to Rfe - Dec 23rd '05 (LUD JAN 3rd '06-they have received my reply to the rfe)

 

[ragsGC]

My 140 is approved

Guys,

Just got the good news from my attorney, my 140 is approved.

Good luck to you all.

Thanks,
RagsGC.
__________________________________________________ _______________

Subst Labor PD - MAY 2000
140/485 RD - June 29th '05
140 RFE RD - Nov 29th '05 (NO LUD)
140 Replied to Rfe - Dec 23rd '05 (LUD JAN 3rd '06-they have received my reply to the rfe) - Approved - 14th Jan 2006

 

[kayjay]

Congratulations!!!

Looks like they are going by PD as mine is April 2002!!!

Guys,

Just got the good news from my attorney, my 140 is approved.

Good luck to you all.

Thanks,
RagsGC.
__________________________________________________ _______________

Subst Labor PD - MAY 2000
140/485 RD - June 29th '05
140 RFE RD - Nov 29th '05 (NO LUD)
140 Replied to Rfe - Dec 23rd '05 (LUD JAN 3rd '06-they have received my reply to the rfe) - Approved - 14th Jan 2006

 

[kayjay]

Received a mail from USCIS that my 140 has been approved.

ALL THE BEST TO YOU ALL!!!

Subst Labor PD - April 2002
140/485 RD - June 21st '05
140 RFE RD - Nov 9th '05
140 LUD - Nov 15th '05
140 AD - Nov 15th '05 (Approval notice sent on 12/07)

Guys,

Just got the good news from my attorney, my 140 is approved.

Good luck to you all.

Thanks,
RagsGC.
__________________________________________________ _______________

Subst Labor PD - MAY 2000
140/485 RD - June 29th '05
140 RFE RD - Nov 29th '05 (NO LUD)
140 Replied to Rfe - Dec 23rd '05 (LUD JAN 3rd '06-they have received my reply to the rfe) - Approved - 14th Jan 2006

 

[nitinkumar]

I 140 Approved

I 140 Approved.
Here is my detail.
First I 140 and 485 I filed Aug 2003 That was denied April 2005 and we decide to refile new petition.

I 140 and 485 File:
EB1C Multinational Exe.

Rd 07/06/06 ND 07/20/06
LUD:I 140. 8/25/05 case first came online.
8/27/05 (Saturday)
12/13/05 RFe issued ( may be also on 12/12 I didn't check)
Rfe mail and received 1/17/06 9.30 AM to CSC
Received email 6.15 pm on 1/18/06 Lud change message change
After that LUd change 1/19/06 morning
1/20/06 morning
1/21/06 2pm Saturday. all this without message change
again lud change on yesterday 1/25/06 1.45 pm without message change.
I worried after that what is going on.
I login in account 8.45 pm and I check 140 lud same because 25 Jan only message change and after that 15 to 20 minutes I received Email about approval. Today also lud change may be mail approval.
In a week I saw Lud game.
Anyway My case approved and all of you will approve soon.

***LUD time I check every 15 minutes.
Lets see about I 485.
I get very useful information from this forum and from all of you.

 

[bostonian_27]

140 Rfe.

I got the following RFE for my case. It was filed August 2005. Could someone let me know the right documents to submit. I think Jaypk123 has the same RFE as mine. My company has a good history and is clean. Guys, can you tell me what should I submit in this. Anyone else with the same RFE?

-----------

Contracts: Since the petitioner is a computer consultant, submit copies of signed contracts between the petitioner and the clients.

Contractor: Provide evidence of the signed contracts between the petitioner and the clients where the beneficiary will perform the duties. Contracts should indicate the number of contractors to behired, and the term of employment.
Please identify the location, facility or facilities of intended employment where the beneficiary will actually perform duties.

------------

Thanks

Bostonian_27

 

[bostonian_27]

Reg my 140 RFE

Hello Ray

There is NO Ability to Pay RFE with that.

The link talks about A2Pay RFEs. Can you send me any other link that helps me here.

A couple of other people in my company has also got this RFE earlier and got it cleared (along with Ability to Pay RFE)

Is it real RED Alert in my case or something solvable?

Your inputs are greatly welcome guys.

Thanks

Bostonian

 

[bostonian_27]

Reg my I-140 RFE

Originally Posted by unitednations
This has become a common RFE for H-1b's in california. Essentially, they are putting "computer consulting" companies as staffing firms. They want contracts with end client and specifically say this in the RFE. For H-1b's they want the contract to determine the length of the employment and how long to give I-94 card and to determine if it is a speciality occupation. For H-1b this is a very difficult RFE to overcome.

You are the second person who has contacted me with this type of issue today. Another person got RFE from California asking same thing.

There is an "infamous company" who had many denials last year on the I-140. They had a similar type of RFE. Essentially, once they supplied the contracts; california service center determined that company was a staffing agency and did not have a full time position and was not the employer. Since it was not an employer they denied the case along with ability to pay. This happened to 35 people.

All I can tell you is that you need to be very

Hello Ray

Appreciate your reply.

I came to know about that 'Infamous company' as well and its 35 denials recently...and I'm NOT from any of those companies actually.
I understand the the "infamous company" was treated as a staffing company and I-140 was denied for 35 people if I got my information right from people....along with a variety of Ability to Pay issues.

The client with whom I work is a direct client of my company and they have all the contract papers done and the length of the contract is infact indefinite as per the agreement.

I', also planning to provide a current letter from the client regarding the consulting work I do to them from my parent company along with the contract papers.

My attorney said they have got few RFEs for few people in my company (I had already mentioned earlier in my previous reply they were along with Ability To Pay RFEs) and its been resovled without any issues.

Bottom line, My case has to be resolved by providing the contract letters and if need be any more info. Could you guys tell me if I need to provide anything more than I mentioned above.

Ray, your earlier reply was truncated. Could you please add to what you were updating...Thanks

Thanks for the reply guys.

Regards

Bostonian

 

[shaaka]

140 RFE Email Notice

Hello guys,

I received a email notification from USCIS about my 140.
It's RFE, I received three email notifications does that mean i got 3 RFE's on my 140?

 

[salvadorgt]

Rfe?

Status:

RFE on I-140 and I-485.

Attorney has not received the RFE letters yet. See signature.

Please update your RFE status.

Hello , I checked on line RFE ( evidence)in my case What does this means? , Is my attorney supposed to get a letter too? because my attorney didnt tell me anything about it. Please help me out giving me some advice , information about this . Thank you

 

[shaaka]

Did you receive the RFE notice?

Anybody with recent RFEs have recd. their RFE letters please update this forum.

Thanks

Hello Ray.S

Did you receive the RFE notice? Please update of what about?

 

[shaaka]

140 RFE Details

My RFE is to submit Educational Evaluation.
How tough is this RFE? Do i need to do anything special evaluation?

Is educational evaluation a must for 140?

I know my lawyer did evaluation when filing labor .

Gurus please respond.

 

[perm_faq]

Yes, it is a must. But, why your attorney missed this while filing your 140?

My RFE is to submit Educational Evaluation.
How tough is this RFE? Do i need to do anything special evaluation?

Is educational evaluation a must for 140?

I know my lawyer did evaluation when filing labor .

Gurus please respond.

 

[perm_faq]

Look like your message limit, is exeeeded. Hence I posting "reply", See below.



Tell me or post it on the thread, once you hear back from your atty regarding Question No:1, whether you need to leave the country and re-enter on H1B -or- its just simple ping-pong between H1B and EAD.

Question No:2, Yes, you will not loose the extended H1B when the underlying 140 is denied, thats TRUE. But "don't forget" to ask your attorney that whether it is possible to "apply for H1B Transfers" with-in that H1B Extended Window.

I understand your point. I9 is only for employer bookkeeping, employers don't have to inform USCIS that an employee has joined on EAD.

So yes my HR must have filled out the I9 cause they wanted me to be on EAD. Unfortunately I am on EAD with them.

I am going to speak to an Attorney 'morrow and get a second opinion. I still believe that I have not violated any EAD law and can work on H1B but the problem is the H1-B was approved on the basis of a pending 140, so the real question is if 140 gets denied does the H1B get cancelled, which Attorney Jim Mills says no, H1B does not get cancelled. But I cannot find any USCIS documentation on this problem of EAD to valid H1B except for the Cronin Memo.

Faxing of EAD is not sufficient. You have to fill-out I9 form. I was repeatedly saying the form I9. Have you heard any thing like form I9 and did you file it with your HR?

Only after filing that form with your HR, your EAD will be considered.

Also, trying search some answers in Murthy chat. I'm sure there will be tons of replies from her in this very same subject.

My RFEs:

I-140 - Ability to Pay
I-485 - Submit employment letter to prove full time employment. Also submit last 3 years of W2 to corrobrate employement.

Should reply by May 22 2006.

I-140 RFE apparently is requesting ability to pay since July 2003 though my PD is Aug 2002. My attorney is looking into this as a potential error.

 

[perm_faq]

Ray.S

Looks like you are confused with your querries.

First thing, we know there are two different opionions on the very same issue raised in Question No:1 regarding EAD and H1B with the same employer or different employer. Then you were saying that you will contact your attorney for "second opinion". I think, you should post the answer once you had a reply from your attorney on this issue.

Also, for Question No:2 that you were referring to, Don't forget to ask him "Further H1B-Transfers, not the H1B-Extensions". Remember Extension is quite different from Transfers.

sorry cleared my mailbox:

>>Question No:1, whether you need to leave the country and re-enter on >>H1B -or- its just simple ping-pong between H1B and EAD.

I haven't contacted an attorney yet on this question. From most cases I have seen on the internet, if you have used your EAD for another employer than your petitioner, you have lost your non-immi status. If you have a valid H1-B and you haven't used your EAD to find employment elsewhere you can switch to the H1-B and also apply for transfers. My employer has no problems employing me on the valid H1-B petition I have. For further h1-b extensions you need a basis for extension, if the basis is a pending labor filed before the 5th year h1-b or if 140 is pending you should be able to get an extension. If you have lost your non-immi status you have to leave the country and get your h1-b stamped at a consulate outside the USA. This all fals into a grey area but the Cronin memo is very clear on this issue.

One must file a perm-labor whether eb2 or eb3 and get an approved 140 if you wish to be on the safer side to extend h1-bs.

 

[perm_faq]

RayS. I have studied this issue and put it into practice. I will give you my experience on it:

Cronin memo says that if you use the EAD to leave the H-1 employer then you have violated your h-1b. Violate H-1b essentially means that you cannot extend your h-1b or transfer it to another company.

Para-I
I tried using the EAD use as an arguing point to USCIS that a person who uses EAD is no longer on h-1b and does not continue to accrue time towards the six year limit and that any parallel time should be recapturable for a person towards the h-1b time limt. In one case USCIS did allow recapture of three months of h-1b where person had used EAD to leave the h-1b employer (note his H-1b ran out in October 2004 and he got the EAD in July 2004). His 140/485 was subsequently denied and the only way for him was to get that h-1b time back. USCIS did approve it and person received h-1b approval without I-94 card and had to go for visa stamping (person got visa stamping in Canada with no problems) and returned to USA. He then extended his h-1b by another year based on a substitute labor.

Para-II
Second case I tried the same thing. This time USCIS came back and said that violating h-1b by using EAD does not stop the time towards h-1b clock. It continues to tick even if you have left the employer. USCIS would not allow recapturing of time.

Para-I, and Para-II has conflicting arguments. Are you trying to say, its all up to USCIS to decide whether it will allow or not allow h1b recapture time.
United Nations: Most of your answers/replies are double sided, like the one you said above in Para-I & II. I think that will confuse the people, rather than helping them with right answer. Remember, you had replied the same way for the some other discussion, related to I140 EB2, EB3 classification

What people have done and done it successfully is that if they have a valid I-94 card on their h-1b with a different employer then whom they are working on with the EAD; if they want to get onto valid non immigrant status again then they would go to Canada and re-enter using their approved H-1b. As long as the I-94 card is valid; POE in Canada will allow you in. Once they allow you in on h-1b then you are back in h-1b status. To extend later; you would follow the normal course for h-1b.

Please note: If you have an unexpired I-94 card you do not need visa stamping if it is expired to enter from Canada as long as you stay less then 30 days in Canada. Many of the Cybersoftec employees were able to do this successfully once their I-140/485s were denied.

Suggestion: Can you please (atleast try to) reply with clear wording

 

[shaaka]

140 RFE question

Hello guys,

In my labor

In my labor 750A, Column 14 i have specified

Either a masters with no post graduate experience or a bachelors degree with 5 years of progressive experience or equivalent in Math/Physics/Engineering (any branch)/Computer science

Is this triggering to EB-3??

I got this following RFE :

Education Evaluation:

Provide an education evaluation addressing the beneficiary's educational achievement in terms of equivalent education in the united states. An acceptable evaluation must conside formal post-secondary education only and not experience. It must also provide a conclusive statement. Finally. provide a brief description of the qualifications and experience of the evaluator.

I filed under EB-2 and i am BS (4 Year engineering degree) with 7 years experience prior filing labor.

My lawyer told me that she sent education evaluation (Education & Experience) along with 140 and now immigration is asking evaluation only on education.

Gurus please respond.

 

[perm_faq]

* You are not supposed give two contradictory/conflicting answers -or- answers that conveys both "YES" and "NO" answers to the same Querry. Correct!

* Whats the point in sharing your thoughts when you can't make right decision on "a particular simple" querry -or- atleast give a good confidance level.

* It would be helpful if you can bring your experience "analysing" that very particular situation, rather than explaining with two different scenarios. You know what.....that will confuse the original poster.

* I don't think you had ever posted "direct" answer to simplest issues like EAD to H1B, AP etc -or- even EB Classification. I know, there are GRAY areas in immigration-law, but NOT that many that you are talking about each and every issue.

- BTW, Are you the lawyer or "private contractor" working on immigration issues, leaving your phone number in your signature, so that you can make business out of it. You will confuse the people with two different answers saying "YES" and "NO" to the same issue, then letting them to approach you.
- I hope you are not doing it for FREE. Do you.....?

Everything in immigration is gray. What works for one service center, adjudicator may not work for others.

When there is a certain situation that one is overcoming; there may be 5 different areas of immigration law that touch on that issue. Two of those laws/rules may be the areas that you are trying to use to your benefit. Uscis may use the other three to their benefit.

I have posted to RayS. how this has been interpreted. One cannot make a definitive answer just by reading memos, appeals decisions. The important thing is also how USCIS is interpreting it.

I have given the scenario in two different cases and what USCIS did in one situation and what they did in the other.

 

[srignram]

ShutUp

* You are not supposed give two contradictory/conflicting answers -or- answers that conveys both "YES" and "NO" answers to the same Querry. Correct!

* Whats the point in sharing your thoughts when you can't make right decision on "a particular" querry -or- atleast give good confidance level of what you are saying.

* It would be helpful if you can bring your experience analysing that very particular situation, rather than explaining with two different scenarios. You know what.....you will confuse the original poster.

* I don't think you had ever posted "direct" answer to simplest issues like EAD to H1B, AP etc -or- even EB Classification. I know, there are GRAY areas in immigration-law, but NOT that many that you are talking about each and every issue.

- BTW, Are you the lawyer or "private contractor" working on immigration issues, leaving your phone number in your signature, so that you can make business out of it. You will confuse the people with two different answers saying "YES" and "NO" to the same issue, then letting them to approach you.
- I hope you are not doing it for FREE. Do you.....?

Before United Nation reply to your non-sense, let me tell you something.This is not the place to show off your half-cooked ideas.I have seen many of your posts and felt like commenting this before.I know United Nations personally, i called him in the past to get some clarifications on immigration matter.He did'nt charge anything from me.I know many people used to call him, even today if there are issues related to ability to pay or any complicated issues people are consulting him.If you have anything usefull to contribute please do so otherwise SHUTUP