Discussions and Questions: I140 NSC
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I-140 Question
I filed for I-140 with NSC Eb2 Concurrent with a ND of Jan 16th 2004. At that time we knew that my Company A was going to get bought over by Company B. So we filed before the sale. I got the EAD and AP. Now the sale has been completed and I am now officially an employee of Company B. Comapny B has assumed all assets and liabilities of Company A. According to my HR and also my lawyer I will need to file a Ammeded I-140 with the Company B's name (which I believe is accurate). My questions are :
1) Are there any potential pittfalls in doing so
2) Its taking anywhere from 5-8 mths for I-140 approval, now that I will be filing a ammneded I-140 , will it get associated with my original case?
3) If yes then when my turn comes based on the Jan16th ND, will both the I-140 looked at the same time or will I get a new ND and will have to wait another 6 mths from the new I-140 filing.
Thanks in advance for comments/suggestions/view-points
I filed for I-140 with NSC Eb2 Concurrent with a ND of Jan 16th 2004. At that time we knew that my Company A was going to get bought over by Company B. So we filed before the sale. I got the EAD and AP. Now the sale has been completed and I am now officially an employee of Company B. Comapny B has assumed all assets and liabilities of Company A. According to my HR and also my lawyer I will need to file a Ammeded I-140 with the Company B's name (which I believe is accurate). My questions are :
1) Are there any potential pittfalls in doing so
2) Its taking anywhere from 5-8 mths for I-140 approval, now that I will be filing a ammneded I-140 , will it get associated with my original case?
3) If yes then when my turn comes based on the Jan16th ND, will both the I-140 looked at the same time or will I get a new ND and will have to wait another 6 mths from the new I-140 filing.
Thanks in advance for comments/suggestions/view-points
I-140 processing updates at NSC
March 22 04 NSC processing update
EB3 is june 17 03
EB2 is Aug 1 03 , previous update indicated Aug 27 or close!
Talk about going backwards!
I guess there is nothing else to wonder about the mode of processing by NSC. If they can jump the queue to process feb/march 04 petitions, why not go in all directions!
streddy
March 22 04 NSC processing update
EB3 is june 17 03
EB2 is Aug 1 03 , previous update indicated Aug 27 or close!
Talk about going backwards!
I guess there is nothing else to wonder about the mode of processing by NSC. If they can jump the queue to process feb/march 04 petitions, why not go in all directions!
streddy
bee_bee_bee_kay
Registered Users (C)
I-140 for unskilled workers is Aug 22nd, much much current than EB2 and EB3. Being skilled and educated is a disadvantage in the "knowledge economy" ??
Re: interim AP
Is this your first AP ? Did you ask your Attorney about why it's taking long ? My spouse case is same like you. I heard that they're doing background check.
Regarding your interim AP, I think you could go to local INS with all your receipt papers, and ask for emergency AP. I heard that they will issue for a valid case (like some emergency travel).
Is this your first AP ? Did you ask your Attorney about why it's taking long ? My spouse case is same like you. I heard that they're doing background check.
Regarding your interim AP, I think you could go to local INS with all your receipt papers, and ask for emergency AP. I heard that they will issue for a valid case (like some emergency travel).
REF Received
ND: 08/27/03
Concurrent
RFE:03/23/04
After 7 months wait I got an update on my 140. It says RFE sent. On one hand I am delighted that my file has moved (Someone took the file out of the pile). On the other hand I am scared about RFE. At this point I am not sure what is there in RFE. I pray/hope that the RFE is not completed one.
Do you guys have any idea how the RFE cases are being dealt. Are there any approvals of RFE cases? What percentage?
ND: 08/27/03
Concurrent
RFE:03/23/04
After 7 months wait I got an update on my 140. It says RFE sent. On one hand I am delighted that my file has moved (Someone took the file out of the pile). On the other hand I am scared about RFE. At this point I am not sure what is there in RFE. I pray/hope that the RFE is not completed one.
Do you guys have any idea how the RFE cases are being dealt. Are there any approvals of RFE cases? What percentage?
mib,
Usually 80 percent of the cases get the RFE these days. The usual questions will be the employer's ability to pay and sometimes the education qualifications etc. If you watch this forum, you will get good idea on how to deal with the RFE's.
Also most of the cases will be approved, once the RFE is answered. Your attorney will take care of this, and you should be okay.
Usually 80 percent of the cases get the RFE these days. The usual questions will be the employer's ability to pay and sometimes the education qualifications etc. If you watch this forum, you will get good idea on how to deal with the RFE's.
Also most of the cases will be approved, once the RFE is answered. Your attorney will take care of this, and you should be okay.
Concurrent filing ????
I did send I 140,I485,I131,I765 as a package to NSC.It seems in mailroom INS has seperated I140 documents from the rest,send the receipt to my Lawyer.Since they could not find I140 application with the rest of the forms they send the application back to Lawyer for I 485,I765,I131.My Lawyer had recently sent all the documents again.
Does anybody has similar experience?
Does my RD and ND will be the original date as of I140 or the current one ?
Thanks .
I did send I 140,I485,I131,I765 as a package to NSC.It seems in mailroom INS has seperated I140 documents from the rest,send the receipt to my Lawyer.Since they could not find I140 application with the rest of the forms they send the application back to Lawyer for I 485,I765,I131.My Lawyer had recently sent all the documents again.
Does anybody has similar experience?
Does my RD and ND will be the original date as of I140 or the current one ?
Thanks .
Where Do I Stand
I am waiting on the REF to reach my attorney. I am jumping the gun here and trying to get some information. My gut feeling says that the RFE will be on the company’s ability to pay.
The reason is that the company I am working has only 2 employees. Hence the turnover and the profit to the company is not much. In 2003, company made $6000 profit after the salaries and the expenses. Also, in 2002 the company made loss of -$1000.00. However, the company is making profit from 1998.
I request you guys to give me some feedback to prepare well for the RFE. I will appreciate positive and negative feedback, pit holes, risks, etc. What are the chances of my 140 approval?
I am waiting on the REF to reach my attorney. I am jumping the gun here and trying to get some information. My gut feeling says that the RFE will be on the company’s ability to pay.
The reason is that the company I am working has only 2 employees. Hence the turnover and the profit to the company is not much. In 2003, company made $6000 profit after the salaries and the expenses. Also, in 2002 the company made loss of -$1000.00. However, the company is making profit from 1998.
I request you guys to give me some feedback to prepare well for the RFE. I will appreciate positive and negative feedback, pit holes, risks, etc. What are the chances of my 140 approval?
Yes. You are right. There is 99% of chance that your RFE is for Company Financial Ability Only.
In 2003, they have made some profit. It may not be more. But still your company did make some profit.
They are paying you properly. W2 and Paystubs are the proof of that.
Now a days almost all the companies are just surviving. So if USCIS denies case only because the company did not make profit, then very few people will get I-140 approved.
I don't find major problem in your case. If your attorney responds with proper evidence , you will be O.K.
In 2003, they have made some profit. It may not be more. But still your company did make some profit.
They are paying you properly. W2 and Paystubs are the proof of that.
Now a days almost all the companies are just surviving. So if USCIS denies case only because the company did not make profit, then very few people will get I-140 approved.
I don't find major problem in your case. If your attorney responds with proper evidence , you will be O.K.
USCIS Sucks
There are atleast 5-6 I-140 approval I see on immigrationwatch.com starting LIN032755****. They are all Sep18-24 cases. Man I don't see mine. Mine is in same range. It's been over 6 months. God knows when they are going to update anything.
Naanshi I know you follow in same date range. Any comments
There are atleast 5-6 I-140 approval I see on immigrationwatch.com starting LIN032755****. They are all Sep18-24 cases. Man I don't see mine. Mine is in same range. It's been over 6 months. God knows when they are going to update anything.
Naanshi I know you follow in same date range. Any comments
Damnit,
One Correction. If it is LIN032755**** then it was filed ONLY on Sept 24th, not in the range of Sept 18-24.
Those approved may be CP cases, as you know NSC was processing CP cases recently.
Hopefully we may hear our approval around mid of April. (If we have luck, we can hear around end of next week)
naanshi.
One Correction. If it is LIN032755**** then it was filed ONLY on Sept 24th, not in the range of Sept 18-24.
Those approved may be CP cases, as you know NSC was processing CP cases recently.
Hopefully we may hear our approval around mid of April. (If we have luck, we can hear around end of next week)
naanshi.
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