EB3 I-140 ref, changed employer, help please!

twoj

Registered Users (C)
I got a notice today told me a ref for my I-140 was sent out to me. I get nervous because I changed the employer already this jan because of the company layoff. The company would like to support my GC process. However, I still worried if the company tax return or something that the company would like to disclose, it could be a problem for the company to help.

I am wondering What's this ref could be?
anyone can give advices? I appreciate it.

Thanks again,
twoj
EB3
I-140 and I-485 ( may 04)
changed employer this Jan
 
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Hey,

Your post was not clear, I assumed that u have changed your employer and You did a mistake, You are not supposed to change your employer before 140 is approved. If you have good relationship with ur ex employer , ask them to reply for the RFE.

And also post ur questions in detail then only people can help you
 
july140 said:
Hey,

Your post was not clear, I assumed that u have changed your employer and You did a mistake, You are not supposed to change your employer before 140 is approved. If you have good relationship with ur ex employer , ask them to reply for the RFE.

And also post ur questions in detail then only people can help you
It is because of layoff. Have to leave. the company would like to continue to support my GC.
 
twoj said:
It is because of layoff. Have to leave. the company would like to continue to support my GC.

If the rfe is related to company(ability to pay or company tax returns etc) then you are in hot water.

If it is related to your education issues then your attorney should manage.
 
Hey twoj, I was in exactly the same condition. Had to change jobs in Jan this year due to a layoff (wonder if we were colleagues ). I also recieved an RFE 15 days back on my 140, but I was really lucky that it was simple.
The RFE just asked me whether I wanted to continue my 140 and 485 in EB2 (The lawyers had filed my labor with EB3 and 140 and 485 in EB2) or change it to EB3.
Because of my situation the lawyer advised me to change to EB3 and so I did. We just gave the answer indicating we would change it to EB3 and my 140 was approved a week later!!

Typically there can be 3-4 different types of RFEs ( maybe more, but 3-4 are common). Just wait to see what your RFE is. I just wanted you to know that don't panic yet, there's hope..
 
wait_goes_on said:
Hey twoj, I was in exactly the same condition. Had to change jobs in Jan this year due to a layoff (wonder if we were colleagues ). I also recieved an RFE 15 days back on my 140, but I was really lucky that it was simple.
The RFE just asked me whether I wanted to continue my 140 and 485 in EB2 (The lawyers had filed my labor with EB3 and 140 and 485 in EB2) or change it to EB3.
Because of my situation the lawyer advised me to change to EB3 and so I did. We just gave the answer indicating we would change it to EB3 and my 140 was approved a week later!!

Typically there can be 3-4 different types of RFEs ( maybe more, but 3-4 are common). Just wait to see what your RFE is. I just wanted you to know that don't panic yet, there's hope..
Thanks a lot wait_goes_on, and congratulation to you.

For my case, I am sure that I am the only one in my I-140 company who is waiting for I-140. And I only concerned that if the tax return is required, it may be a trouble. I remembered that the CEO would not like to disclose the tax return when I file I-140/I-485. All other issues will not be a problem. The current employer is very nice and would like to give any help I needed for GC.

I know there could be a "ability to pay" and "education" rfes, what other as you mentioned 3-4 types? Did you sent to NSC the letter for changing employer before or after you answering the Rfe? I appreciate it.

twoj
 
My lawyer just emailed me that the RFE is on Ability to Pay. I am just wondering if I need the I-140 company tax return to prove it. I have paid at the prevailing wages the same as listed in my LC. Any one would help?
 
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twoj,

besides tax returns, there are other documents that you can send.
like audited financial statements.

There is a lot of posts by United Nations. He will help you out.

I was in a similar situation, with my employer refusing to give tax returns.
They gave audited financial statement.
Luckily I got approved without RFE.
 
waitingnwaiting said:
twoj,

besides tax returns, there are other documents that you can send.
like audited financial statements.

There is a lot of posts by United Nations. He will help you out.

I was in a similar situation, with my employer refusing to give tax returns.
They gave audited financial statement.
Luckily I got approved without RFE.
Hi, Waitingnwaiting, what's the audited financial statement? is it a public document for the company? My company is small one, about 15 employees. And majorly supported by a grant which I worked on.

_______________________
Labor - PD 05/2003 (RIR)
I140/485 - EB3-NSC 05/2004
I140 - RFE now
 
Finally got the rfe settled. The company would like to provide the audited financial statement and bank account information. Thanks you all.

by the way, not every company has the audited financial statement, especially for small company. To get the audited financial statement, the company need to pay to specific financial audit company a big money for the service. fortunately, my company has the govement grant and the audited financial statement is a must.
 
twoj said:
Finally got the rfe settled. The company would like to provide the audited financial statement and bank account information. Thanks you all.

by the way, not every company has the audited financial statement, especially for small company. To get the audited financial statement, the company need to pay to specific financial audit company a big money for the service. fortunately, my company has the govement grant and the audited financial statement is a must.

I am glad that you could get all your documents for RFE straightened. Now sit tight for your approval.
 
if your company has no problem to continue the process for you, you can ask them to submit the document to your lawyer. you are in better luck than i am. ins send the ref in march but both my company and my lawyer never received. my lawyer just changed address and she has to wait til the new add is updated in the system. now i just got the mail that ins just send out another letter. hopefully i can get this on time.
 
honeysusu said:
if your company has no problem to continue the process for you, you can ask them to submit the document to your lawyer. you are in better luck than i am. ins send the ref in march but both my company and my lawyer never received. my lawyer just changed address and she has to wait til the new add is updated in the system. now i just got the mail that ins just send out another letter. hopefully i can get this on time.

for my case, only the lawyer got the rfe. Even though it is said the ins generally will send a copy to the company,it is not the case for me.

Do not worry, buddy, you will be fine.
 
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