Discussions and Questions: I140 NSC

RSeth..

I am sorry to hear about your RFE. But sounds to me like.. you have fairly good chance of getting approval.

You might want to explore on getting some new experience letters from employers and some Reference Letters from your ex-collegues etc..

It is scary to me as well. I am BE (E & C). My attorney got me into EB2. I have submitted experience letters too., but there are no specific words like "PROGRESSIVE".. After I have submitted., I have seen some posts in this forum to be very careful about such words in experience letters if we are going for EB2. Somehow, at NSC., EB2 is not a prefered category, it looks like.

Anyway, in your case, you should be alright if you can get fresh letters from employers. Otherthings, mostly are from your company - side.. probably, it would not matter much if the category is EB2 or EB3. All the Best !!!
 
They asked for common things only. It is not something to worry. Only difference is that normally they ask for few from the above list for the proof of Ability to Pay and/or experience. But this officer, looks to me, who is new and who does not know any thing about I-140 processing, just asked for all from the list.
 
Last edited by a moderator:
Looks like the officer recently learned Copy & Paste function so he asked for all. Huh

But I guess you will be O.K. For progressive elaboration get letters from collegues stating you were doing x in 2000, x & y during 2001 ... and so on. Couple of letters should be enough..

---
They asked for common things only. It is not something to worry. Only difference is that normally they ask for few from the above list for the proof of Ability to Pay and/or experience. But this officer, looks to me, who is new and who does not know any thing about I-140 processing, just asked for all from the list.
 
Phew , a lot of things asked !!!

Looking at this RFE , i had a question ?

All these douments mentioned atleast the financial documents from the company side ( quartrely reports , yearly financial statements, profit , net income ), arent they a part of the reqiured list to be submitted during I-140 petition for a immigrant.

I thaught that every I-140 application should go out with this required info. Correct me if i am wrong.

Kindly advice.

Tx.
 
What is the buzz word "PROGRESSIVE" mean ? My I-140 was applied in Oct/03 under EB3 and when i gave my experience letter from previous employer i had a word "PROGRESSIVE" in the Lr.

Am i asking for trouble because i have the word "PROGRESSIVE" and filed under EB3.

Anyone Kindly update me on this ,, this is scary

Tx.
:confused:
 
Yes. It is required. (If the company has more than 100 employees then the CFO's letter will be enough. No need to send all these Tax statements, Bank Balance sheet etc). But normally Companies won't like to send all these things, till USCIS ask. Most of the officers approve cases, without all these things.
 
Thanks for the motivation to all of you.

Naanshi: Is the experience letters from the previous employers are not enough?

Do you really think that I will be okay because I can see query for all the things which can be asked in the I-140 application?
 
Similar 140 rfe

I got Similar I140 Rfe on Jan 16

1. Service records indicate an ability to pay the offered wage .

2. Evidence must include latest annual report , your latest U.S tax return or audited financial statements

3. Copies of petitioner's most recent "Employers Quaterly Federal Tax Form" (Form 94) and State Unemployement Compensation Report Form. Also submit the similar reports for the first quater calendar year 2003. These documents must be accompanied by the quaterly wage and witholding suppliment which identifies all employees by name and social security number.

4.Submit bank account records through the present. Statements provided must identify the firms deposits and debits, and current and average balance maintained .

5. Submit monthly balance sheets through present .

6. Submit personnel records including IRS Form 1099, and beneficiary w-2's for 2002 and all amounts paid to the beneficiary since the priority date since you have employed the beneficiary since 2002 .Pay vouchers must identify both benificiary and employer by name and specify the beneficiary gross/net pay, income received year to date , income tax deductions withheld , and lenght of pay period .

My company have around 50+ employees and they told me 2003 it is loss but they have turnover . They are going to send tax documents and quarterly tax documents this week . Do u guys think it will be problem to get my I140 Approval ?

Please guide me about what kind of documentation needed to reply this kind of rfe's ?

Iam thinking my EAD and AP never got approved because my I140 got rfe before EAD approval .


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

140 /EAD/ 485/EB3

Reciept date : 01/07/2004
Notice Date : 01/09/2004

Rfe : 01/16/2004

LIN04067XXXXX
 
rseth123,

Experience letters from the previous employers are enough. What else we can do?? We cannot get letter from some company we did not work for. You posted that you sent all with your application. Right? I am sure that this officer did not go through your file completely or this officer is very "intelligent" that he/she does not know any thing. Any way, we have to deal with this.

Don't worry. Sent all the experience letters again.


I pray to God that some good officers from USCIS should read all these postings and understand what we go through due to some people who don't know their work, wasting tax payer's money and spoiling our career and peace.


naanshi.
 
Last edited by a moderator:
I agree with you.

Ok guys this is not a rumor but I am just sharing that what my lawyer told me. This may total BS too..

What he told me that once the RFE is issued then RFE issue date becomes your priority date.

For example my RFE is issued on 1st March that means when INS starts processing March cases then they will consider my case. Thats what my lawyer told me.

Naanshi do you advice changing the lawyer at this point of time.. I wouln't mind spending few more thousand if that really helps?
 
rseth123,

Most of your RFEs are about the company, so I don't know whether you can change your lawyer at this point or not. Your company may not agree to give all these documents to a lawyer other than who deals/works with your company.

naanshi.
 
EAD Updates

03/08/2004: USCIS Sent Proposed 2-Year EAD Validity Rule for I-485 Waiter for OMB Review

On March 4, 2004, the USCIS sent the proposed rule to remove mandatory validity period for I-485 waiters for OMB review. The proposal states that this revised rule will enable it to issue Employment Authorization Documents (EADs) for those applying for work authorization under 8 CFR 274a.12(c)(9) (I-485 filer category) for a validity period of up to two years. This category is reserved for those applying for adjustment of status, having filed Form I-485, Application to Register Permanent Residence or Adjust Status, with the Department. The rule change would give DHS the flexibility to issue EADs for the length of time it anticipates that adjudication of a given case will take. As we reported earlier, the USCIS was pushing this policy for some time. Initially, it planned to publish in December 2003 with the comment period ending in April 2004. It is now a matter of time that the USCIS will issue to I-485 waiters not one-year validity EAD but longer than one-year validity EAD. Somewhat a good news for the immigrant community.
 
Re: EAD Updates

Originally posted by nelabor
03/08/2004: USCIS Sent Proposed 2-Year EAD Validity Rule for I-485 Waiter for OMB Review

Initially, it planned to publish in December 2003 with the comment period ending in April 2004.
Click to expand...

Moral of the story is till you file law suit nothing happens.:D :D
 
Re: cp_junky

Originally posted by dbsraju
Yes. My attorney contacted CIS yesterday. She was informed that they could not access any information from NSC because of some network problems. So., they could not give any reason for the delay. But., they have opened up an Enquiry for the status on this case. Similar to yours.. It might take upto a month to get to the status information from them. I hope that my case will be approved by then.. My best hope and guess is in this week or next week. I think the same for your and Naanshi as well.
Click to expand...

Raju,
Hope we will get approval soon.

naanshi.
 
RSeth:

Revised Experience Letters indicating "Progressive" experience is a good thing. Apart from that, I would strongly suggest you to take some "Reference Letters" from collegues, direct / indirect bosses, industry experts (or whom ever you can claim as expert.. for ex., a doctorate scholor, professor, somebody who has some patents, awards etc..)

Also.. Please note on one thing.. The Item # 14 that they are talking about is for the "Position", not your experience letters themselves. Meaning., your company has to prove that the position "requires" 5 yrs of min. experience. Your company can say that this position requires senior level person, all the other employees in our company in this level have more than 5 yrs of experience etc..

As I said earlier, I am also equally worried about these things on my case, but I am sure if you prepare your reply to the RFE covering all these things, your case will be approved. By the way, What is your company size and how well they are doing ?
 
Re: Re: EAD Updates

naanshi,

can you explain this a littlebit in layman's terms? should we care about this?

thx,
jaiganesh

Originally posted by naanshi
Moral of the story is till you file law suit nothing happens.:D :D
Click to expand...
 
dbsraju

If the experience letter says from 01-jan-2000 to 31-dec-2003 working as a programmer Analyst, the projects included Skills Oracle, SQL, ect ... Does this mean Progressive experience or does it need to say progressive ....
 
DBSRaju

There are total 15 employees in the company. Most of them are consutants. Typical desi consulting company and out of 15 we filed for 9 guys.

The only good thing is that everyone is having a client and getting their pay checks.

None of my experience letter shows the word PROGRESSIVE. I think their main concern is company because its a new company and so far we haven't received any 140 approval.

Replied for 2 cases with all the information on Jan 15 but those guys are also waiting for their approval. Lawyer is also not very positive because of this. I dont know what to do apart from preparing all these documents.
 
Re: Re: Re: EAD Updates

Originally posted by jaiganesh
naanshi,

can you explain this a littlebit in layman's terms? should we care about this?

thx,
jaiganesh
Click to expand...

As you know, Attorney Mr.Rajiv Kanna has filed a law suit on behalf of all of us in December 2003. One of his main concerns is this repeated EAD/AP for same person. So I feel that after seeing that law suit USCIS is giving some importance to the validity of the EAD(from One year to Two Years)
 
This was proposed before the lawsuit

naanshi,

The proposal to get the validity of EAD extended to 2 years was in place far before the lawsuit was filed...
I don't think you can relate both.
Elnegro
 
You must log in or register to reply here.
Top