Discussions and Questions: I140 NSC

cadence ,
Are you in the tracker? Can you post your details like date of RFE, RFE details and Reply date?

naanshi.
 
naanshi, I am not in the tracker. Here is my info. :
EB3, concurrent, RIR
Got RFE around the end of Oct. 2003 (sorry I cannot remember the date). The RFE is about the company' ability to pay. BCIS got my RFE response on Dec.19 2003.
I am still waiting...:eek:

Originally posted by naanshi
cadence ,
Are you in the tracker? Can you post your details like date of RFE, RFE details and Reply date?

naanshi.
 
Thanks For the update. Have you got your EAD and/or AP?


Al_paso,
please keep a note of this update in the tracker.
Thanks,
naanshi.
 
YES, I got my EAD and AP a month later (I filed everything on 06/30/2003).:D


Originally posted by naanshi
Thanks For the update. Have you got your EAD and/or AP?


Al_paso,
please keep a note of this update in the tracker.
Thanks,
naanshi.
 
Al_Paso reserves the right not to update anything that is not posted in the tracker thread. if you want info in the tracker please post it on that thread stating such intent.

Originally posted by naanshi
Al_paso,
please keep a note of this update in the tracker.
Thanks,
naanshi.
 
Is this true ? Can only my attorney inquire ?

They may be correct. I140 is filed by your employer not an individual application like EAD/AP.

Even in EAD/AP, you can't make status enquiry on behalf of your spouse. BCIS disclose only the current status, means it's approved or not.
If you want to initiate the status enquiry, like why it's taking more time than the current processing time then the individual must call BCIS directly, then they will forward the enquiry appropriately.
But you can't do this for "I140", it should go through the Attorney, not sure about HR.



Originally posted by cp_junky
jaiganesh,

I tried that yesterday, they are saying only my attorney can call and find out the details. All they are telling me is that it is not yet approved. But they canot tell me why !

Is this true ? Can only my attorney inquire ?
 
OK... now I am caught is a wierd situation .. please help !

My I-140 notice date is May 2, 2003 and I filed it under EB2-RIR with CP option. LIN #: LIN03171*****. The BCIS website says that it is current as of August 27, 2003 in this category. I asked my lawyer to contact BCIS reg my case, since BCIS is not willing to disclose information to me. When the lawyer called, BCIS told her that they are not sure why the case was not yet approved, but will put an inquiry (not an RFE) into the status of my case.

What does this mean ? Is this soemthing that happens often ? What happens next ? I am a little scared .... please give me somesuggestions.
 
Two things here.

1. Processing dates on the website are just for display purpose only. Don't take it serious.
2. National Customer Service Center will send some type of inquiry to Nebraska Service Center regarding your case and Nebraska Service Center will have to respond within 30 days to your lawyer about your status. This is NORMAL and nothing to worry.

naanshi.
 
Thanks a lot Nanshi ...

I would also loke to ask on emore question. How long it would take for me to convert, if needed, from CP option to 485 option ad before I get my EAD ? My 6 years of H1 is expiring this Oct.... I will, of course, do a 7th year extension, but I also want to keep other options open.

Thanks !
 
I am not good at CP questions. I am sure lot of CP folks can answer this question. I feel that it should not take any time. You may have to send some form for this conversion with your I-485 application.

naanshi.
 
cp_junky

I am not exactly sure... But., this is what I think is correct..

It depends on if your case is already sent to NVC or not. Typically, if you have chosen CP option in I-140, after the I-140 is Approved, CIS service center would send your case to NVC for further processing. If it is not already sent to NVC, it is lot faster and treated like regular I-485 filing from that date onwards.

If the case is already sent to NVC, the service center has to wait till the case is moved back to the service center. The service center will initiate this process of moving the file back to service center. How long it takes ? ... depends on where the file is.. if it is sent to foreign country already, it might take longer time.

I know that your case is not yet approved (because mine is little after your case ND June 11, 2003 EB2 CP). If you are thinking about converting it to AOS, do it right away.. Do not delay it any further.

I have read your previous posts on letter of support from employer etc.. What would be the best option in your case., I don't know., But if your GC sponsor employee supports you with all the documentation required for your GC, I think you will be fine. Minimum., period of employment with the sponsor employee is not defined., I think six months should be good enough to prove your intent for the GC.

But.. after you get your GC, you can work for multiple employers at the same time. So.. Consult with a good attorney.. If you want to go with AOS route., do it fast !!! Best of Luck..
 
cp_junky

There is some missing information in my above posting.
You and Your attorney would need to file your I-485 and request the service center to convert your case to AOS. If your case is still pending, the conversion is immediate.
 
Thanks dbsraju ...

did you, or have your lawyer, call up BCIS and ask why your case is not yet approved... since your case is also past due ? Any response from BCIS or your lawyer ?
 
cp_junky and dbsraju, have u guys tried to find out whats taking/took so long for your cases? i am personally seeing everyone getting it within 4 months including guys who applied in july,aug & oct
 
See enclosed statement from BCIS where it say "....if you have not received a decision or advice from the BCIS within the projected processing time frame*, please contact the National Customer Service Center."

Does it make any sense to call BCIS if 180 days have passed from original processing date...

Any thoughts????

-----
Your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on September xx, 2003. We mailed you a receipt with information about processing. It is taking between 150 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
--------------------------------------------------------------------------------
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from the BCIS within the projected processing time frame*, please contact the National Customer Service Center.

National Customer Service Center (800) 375-5283

* The projected processing time frame can be found on the receipt notice that you received from the BCIS.
 
cp_junky

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.
 
Help!!

Guys!!

I received a RFE from USCIS for my case. They have asked 11 things...I am not too sure what will happen to my case... but if you people can share something from your experiences.\

EB2-CP-July 16 B.E Comp Sc. 7.5 yrs of comp industry experience.

1. Confirm whether the benificiary will apply for his visa abrad or adjust the status within US.

2. Documentation for ownership of the firm.

3. Copy of petitioning firm 2003 Fedral Income tax.

4. Copy of benificiary W2 wage earning statements for 2000,2001,2002 and 2003.
I am okay on this because I have 60K for 2000, 90K on 2001, 95K on 2003 and 69.5 on 2003.

5. 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.

6. Copy of petitioning firm's annual balance sheets through December 31,2002 and December 31 2003. The balance sheets provided must identify firm's net income.

7. Copy of petitioning firm's monthly balance sheets through Feb 28,2004.

8. Copy of benificiary's most recent pay voucher. Specify beneficiary's gross/net income received YTD.

9. Ability to pat to each and every individual.

10. Documentary evidence that the five years of experience that is identified within Block 14 of the labor certification is progressively responsible experience.
I ATTACHED ALL THE EXPERIENCE LETTERS WITH MY APPLICATION. I DONT KNOW WHAT THEY ARE ASKING AGAIN.

11. Evidence that the benificiary possesses five yrs of progressively responsible experience within the computer industry.
---SAME --- HOW DO YOU PROVE THAT ITS A PROGRESSIVELY RESPONSIBLE EXPERIENCE.


GUYS!! DO YOU REALLY THINK ANY HOPE OF APPROVAL..

:eek: :eek: :eek: :eek: :eek: :eek: :eek: :eek: :eek:
 
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