Discuss status of recent I-140 approvals

iknowitall said:
thats not the case elnegro u need to read about y they started sending fp notices and how its linked with 140 and 485. in a lot of cases its just random and they send people fp notices and they dont hear anything for a year or two. i read in another link on the forum that they have been instructed now to send fp notices as soon as they review the initial 485 applications because its valid for 1.5 years, they probably want to wrap up cases in the mean time. i am in the same boat as urs so i would like to agree with u but ive seen too many random things happening recently.
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iknowitall
agree with you. i-140 was filed 8/03 and i just recieved an rfe abt it ( maybe u can help me with ur opinion on that , details in another message bleow). but i have not recievd any finger priniting either.
 
trekker
thats not really normal , to get an rfe for a case after so long. they generally send rfes in the first 2-3 months after an initial review of ur application. anyways i dont have much experience with rfes so i would not be able to help you in that. also what category does ur case fall in ? because u should try and speak to people in that category.
 
No sign of FP

My case details

I-140 ND Sept 22nd 2003
I-485 ND Nov 11th 2003
EAD Approved Dec 11th 2003

No sign of I-140 approval , FP or RFE. Does this mean that my case is being taken in the new procedure ? Should I be expecting a quicker clearance for my I-485 ?? None can have a clear state of mind towards this ever waiting ajooba !
 
Hello All,
I'm new to this forum. I have filed for my I-140/I-485/I-131/I-765 concurrently during first week of May 04. My details are as follows:

RD: 05/07/2004
ND: 05/14/2004

When I go to my portfolio at USCIS.gov all my cases have last update date as 05/20/2004, but no change in the status messages.

Even though I was ready to file during April 04, I delayed my filing till the end of April after hearing about new concurrent adjudication memo.

I'll post any updates to my cases.
 
eb-2 rfe

iknowitall said:
trekker
thats not really normal , to get an rfe for a case after so long. they generally send rfes in the first 2-3 months after an initial review of ur application. anyways i dont have much experience with rfes so i would not be able to help you in that. also what category does ur case fall in ? because u should try and speak to people in that category.
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i am in the eb-2 category . agree, since i did not hear abt i-140 for so long i thought it was getting approved and hence wa s taking long. there are other people waiting from 4/03.

do need help from people who got rfe's and how they responded. any physicians here who got rfe's in eb2?
 
My Case Details

Just to make this discussion a bit interesting, I will throw muy case details :)



EB2/I140/I485/NSC/AP/EAD : RD 16th Jan 2004
AP/EAD: AP 27th Feb 2004
Company got bought by another company on 3/1/2004, so had to file another I-140 with the new company name ( Filing as successor company using the original labor, did not pull out the original I 140)

New I 140 filing date: May 6th 2004
FP done: 18th May 2004

Lo and Behold : Both I 140 i.e original and the new one approved on 17th May 2004 ( Please note second I 140 cleared in 11 days of filing and 1 day before the FP notice, so much for the " O" Memo)

FP cleared: 27th May 2004 ( Status of I-485 changed , with Fp cleared blah, blah etc)

Moral of the story: Ppl who do not have the I-140 approved, have a optimistic view of "O" Memo, Ppl with I 140 already approved well we all know :), But again how it plays out is anybody's guess, I bet even the officers at NSC or any service center know whats going on. Besides there is not evidence as yet of any I 140/I 485 case approved togather, when that happens a hell will break loose!!!.

My 2 cents: I am happy as hell that both my I 140 were approved, any approval from USCIS is godsend. In another month 16th July 2004 I am AC-21 eligible. As for I-485 if it takes 2 yrs then there is little I can do, if its this year itself then its dejavu!!!
 
rock369 said:
Just to make this discussion a bit interesting, I will throw muy case details :)



EB2/I140/I485/NSC/AP/EAD : RD 16th Jan 2004
AP/EAD: AP 27th Feb 2004

Lo and Behold : Both I 140 i.e original and the new one approved on 17th May 2004 ( Please note second I 140 cleared in 11 days of filing and 1 day before the FP notice, so much for the " O" Memo)

My 2 cents: I am happy as hell that both my I 140 were approved, any approval from USCIS is godsend. In another month 16th July 2004 I am AC-21 eligible. As for I-485 if it takes 2 yrs then there is little I can do, if its this year itself then its dejavu!!!
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Rock on buddy!

I am happy that you will be AC-21 eligible soon, that is THE Key.
Thanks for posting, I am vindicated --- 'So much for the 'O' memo'.
It is better to have I-140 approved and be AC-21 eligible, rather than being nowhere waiting for 2 years without I-140 approval. The concurrent adjudication is a trap which will leave the applicants 'dangling'.

Let us be aware that USCIS is playing the divisive game - they are trying to break the class.
 
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congrats rock369,

its encouraging to see your case (i140) go through and on time. i am exactly a month behind you with a receipt date of feb 17, 2004. so may be another month for me hopefully. i totally agree forget the ohata memo and get ur 140s approved guys if you can so that atleast u get eligible for ac21 because taking the ohata memo and 140/485 could linger your 140 to years and thats kinna dicy. as u said it, these guys wanna keep people dangling with new hopes . keep in mind two months now since the new memo came out was suppose to be implemented by april 30, 2004 latest and well no news of a single concurrently filed case approved.

for me id rather follow ur path rock and get done with my ac21 so that i am free :)

lets hope for the best and congrats again.
 
Education Evaluation

Hi All!
Has any one here who has a 3 year degree and used other postgraduate studies from India, to show education equivalency to US BA, got their I-140 approved recently?

I'm trying to find out if the cases where I-140 are getting rejected on the basis of education evaluation not being equivalent to US BA (when 3 year degree + higher studies or work experience in combination have been used to show education equivalency) are an aberration or the norm. This is a troubling development for me and if the above is the norm then I need to find alternate solutions - such a filing for LC again and this time with a detailed description of what can be considered for the particular position in section 14 of the ETA 750.

Here is a post I made on another thread:
_____________________________________________________________
My I140 has not been applied for as yet but most likely it will get rejected. My LC says BA (CS/Engineering or equivalent) and I am a BA with a PGDBA in IS. For my original evaluation for LC I used my 3 year degree + work experience. Did not use my PGDBA transcripts as I had not completed the course (had to do the finals.) Now after reading on the forums I contacted my lawyer and she says we must do a new evaluation - this time using the marks transcripts for the PGDBA showing 21 months of higher education. Considering that many applicant who are using 3 yr degree + 2 years PGDBA, MA etc. are getting rejected I think the chances of my case getting rejected are quite high. I have 9 years of IT experience which my lawyer has advised me not to use. My H1B expires on April 14th 2005.
My question is:
a) Can I apply for a fresh LC through my company? It has been nearly a year since my old LC was approved.
b) I know there is a 6 month wait before filing for LC if LC was rejected once. Does the same rule apply in my case? I mean, my LC was not rejected but more than 6 months have passed.
______________________________________________________________

This situation is just horrible. All my work/time/money is wasted and its not like I have a life to go back to in India. Its become almost impossible to function with this cloud hanging over my head. Almost want to just quit and leave. Was actually thinking of going to England and this morning I read that they are going to impose quotas on Indians. Great!! :rolleyes:
Thanks,
RatherGetShot.
 
HI RatherGetShot,
I have 3 years dgree from India and 2 years PG diploma in Software. I recently got my I-140 approval (04/04). "My LC said US Bachelore or equivalent. A combination of degree and/or experience."

Do not lose hope.
 
I am filing for my I-140 and I-485. My lawyer told me that I dont need to submit company's financial papers. My paystubs and my W2 should be fine. Is that true? I have read that submitting company's financial papers is a requirement for I-140 and I-485. Please let me know.

Thank you,
 
Seek RFE Help

Experts Pls help

Just got message from my Lawyer about getting RFE for I-140. Here are my details

EB3/RIR/CP
ND I-140 : 5/12/04
RFE : 6/18/04 : Company’s Ability to Pay.

I have a doubt about this:
I work as an Engineer for a Big International Automotive Group based in Europe having Engineering Centre also in US (the petitioner) Our Plant is in Mexico who sells the Auto parts to Big 3. Now my Problem is that technically , theres no earning for this Company as its like ‘Engineering Service Provider” to the Plant, though it’s the same company. Due to this reason the profits shown in the 2001 Tax return (when my Labor was filed) is lower than my Prevailing Salary cos technically we don’t sell anything.

Can you guys suggest what is the exact requirements or any other way we can show the Company’s Ability to pay? Anyone with similar kind of Operating Company , please help.

Thanks
 
Bhasu,
If i may take a shot, albeit, in the dark, seems like your paycheck comes from some sort of operating costs allocated by the European center (or HQ). This is a norm when companies set up centers or offices in other countries. The costs are taken up by the parent company and ones pay is part of this cost. What is the revenue in such cases? There maybe zero direct revenue generated since it is a start-up or the revenues might be indirect. Now to prove that you can be paid you have to establish the credibility of this revenue model in the minds of USCIS. So in your case, you should establish the foll things:
1. Your employer who is petitioning for u.
2. The documents that establish the source for revenue to pay off the operating expenses such as your pay. So in your case, documents that establish that the money to pay all employees of your center come from the services provided to the plant and in return for the services, your Europen HQ is paying your center the money.
3. The plant and european HQ is willing to continue this arrangement.
Hope this helps.
 
Did company use same labor for both I140's. Please let me know.


rock369 said:
Just to make this discussion a bit interesting, I will throw muy case details :)



EB2/I140/I485/NSC/AP/EAD : RD 16th Jan 2004
AP/EAD: AP 27th Feb 2004
Company got bought by another company on 3/1/2004, so had to file another I-140 with the new company name ( Filing as successor company using the original labor, did not pull out the original I 140)

New I 140 filing date: May 6th 2004
FP done: 18th May 2004

Lo and Behold : Both I 140 i.e original and the new one approved on 17th May 2004 ( Please note second I 140 cleared in 11 days of filing and 1 day before the FP notice, so much for the " O" Memo)

FP cleared: 27th May 2004 ( Status of I-485 changed , with Fp cleared blah, blah etc)

Moral of the story: Ppl who do not have the I-140 approved, have a optimistic view of "O" Memo, Ppl with I 140 already approved well we all know :), But again how it plays out is anybody's guess, I bet even the officers at NSC or any service center know whats going on. Besides there is not evidence as yet of any I 140/I 485 case approved togather, when that happens a hell will break loose!!!.

My 2 cents: I am happy as hell that both my I 140 were approved, any approval from USCIS is godsend. In another month 16th July 2004 I am AC-21 eligible. As for I-485 if it takes 2 yrs then there is little I can do, if its this year itself then its dejavu!!!
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I see NSC poised for change - almost same as VSC 3-4 weeks back. Now VSC has started again on 140 and 485, hope NSC will do the same too.
 
jharkandi

Do you mean that we are going to see concurrent 140/485 approvals?
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my concurrent 140/485 filed march 2004. I am awaiting to see a change in status
 
GeorgeMichael said:
Do you mean that we are going to see concurrent 140/485 approvals?
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my concurrent 140/485 filed march 2004. I am awaiting to see a change in status
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All that I said was that VSC has started on 140 and 485s and NSC will hopefully do same too. Not sure why you felt concurrent approvals! If you are talking about one reported, feel free to join the thread in VSC 140 and open the can - that is the place where discussion belongs too. I may be able to give better pointer there as people of like dates can share too.
 
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