Finally heard from NSC - RFE on I-140

B

bmt74

Registered Users (C)
Guys,

Kind of a good news. I received an RFE on my I-140. They have asked questions for one full page !. Following are the items they have asked for:


Establish that my employer is a consulting company
- Contract between my employer and vendor to prove that my company is a consulting company.
- My job offer letter with current employer

Ability to pay
- All my W2's from the priority date (dec 2002)
- Company's financial statements (or) tax returns
- List of all other I-140 beneficiaries from my company
- W2's of all other I-140 beneficiaries from my company

Also, one of the previous experience letter had a typo in the dates.

I don't know if anybody else had received such a lengthy RFE before. But I am going to work with my attorney and employer to respond to these queries...and of course, I will definitely need your help as well since some of you were in this situation before and got their cases successfully approved. My employer is very cooperative, they are not too big, not too small. So I am very hopeful.

I am atleast glad that I heard something from them after 30 months !. My guess is NSC has started working on the pending cases. So whoever is waiting for a long time, you might hear something soon.

I sincerely appreciate all of your support. I will keep you guys posted.
 
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Congrajulations. Atleast we are hearing some updates.Hopefully our turns would come soon too.Good luck with your rfe.
 
sensat,

Thanks for your wishes. I wish you good luck too, stay hopeful. Your turn is very soon.
 
2nd RFE on my I-140 (filed in Sep 2003)

Hello forum members,

I received 2nd RFE on my I-140 last week. NSC had sent the first RFE in Jan '06. They had asked several documents at that time. My attorney responded to that RFE in April '06. After a month, they have sent another RFE.

My employer has 2 companies. Company A filed my I-140 in sep 2003 and it got stuck in security review. They had to go out of business in Dec '05. Hence they did a H1 transfer to another company he owns, company B. In the first RFE response my attorney mentioned that "Company B took over the business relationship with the vendor company". I think it raised flags and made NSC issue another RFE.

The content of the RFE is as follows:

"The response to a previous service request for evidence, received April 2, 2006, indicates that the petitioner <company A> is no longer in business and therefore may no longer be eligible to petition as a U.S employer. In addition, the response indicates that <company B> now employs the beneficiary. It does not appear that this petition is approvable unless there exists a successor in interest relationship between <company A> and <company B>.

You must submit evidence relation to the buy out or merger of <company A> by <company B>. You must submit documentary evidence that confirms that the successor has assumed all of rights, duties, obligations and assets of the original owner and that that successor continues to operate the same type of business. Such evidence is usually in the form of a contract or agreement. You must submit evidence that the company continues to operate the same type of business."

I have been working at the same client for the past 4 hours thru the same vendor. There is no doubt that the new company operates the same type of business as the old company. Hence that is easy to answer. But I am not sure if my employer can provide evidence for "successor in interest" in terms of assets etc....because the old company got into many troubles and that was the reason why he wanted to shut it down. He did not want to carry over all those problems to the new company by doing a merger or buy-out.

Gurus, please advise how this particular problem can be taken care of. One good news is that my employer is very co-operative, so I hope he will help. When he transferred me to the new company, I requested him not to do that until my I-140 is approved. He could not wait, but promised me that he will stand by me, if there is an RFE relating to the transfer. I did ask him to prepare the successor in interest documents, he did not do that because of the problems in the old company.

Any help you can provide to address this RFE is greatly appreciated. I am going to talk to my attorney also about this tomorrow.


P.S. I was worried that NSC might deny my I-140 because I changed companies before I-140 approval. But I guess this RFE tells me that they did not care about it.
 
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unitednations,

Thanks for responding. My previous company did not get into any immigration related troubles. So that's a good thing. As far as I know, it was related to pending payment issues with vendor company and things like that.

As far as the successor in interest, is it something like a simple document where the two CEO's sign an agreement (or) they have to go to a govt agency to complete this process ?. If it is something that can be prepared internally within the company, then there is no problem at all. My employer is willing to help me as much as he can.

On the other hand, regarding the Yates memo released in May 2005, it looks promising to me.

Following are excerpts from Yates memo released in May 2005:


Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under §106(c) of AC21?

Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:

A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.

B. If additional evidence is necessary to resolve a material post-filing issue such as ability to pay, an RFE can be sent to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.

Question 2. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days and a Request for Evidence (RFE) has been issued?

Answer: If a response to an RFE is received, and the response does not adequately address the issues, or the response is simply that the beneficiary no longer works for the petitioner, or a response is not received at all, and the petition still cannot be approved:

A. Deny the petition on the merits of the case; and

B. Deny the I-485 and the portability request since there was never an approved petition from which to port.

From what I read from this memo and also the fact that NSC did not question about anything on the first RFE response, it is clear that all problems have been adequately addressed except the portability. That too, if my attorney has not mentioned about it in the first RFE response, NSC would not have questioned about it. That being said, I am confident that my I-140 is considered "approvable". Please let me know your thoughts.

I appreciate your response.
 
interesting

bmt74,

what is your status ? did your case got approved or what happened ?

Iam also in a very similar situation and more complicating as iam even substituting a labor originally from company B. Company B is taken over by company A. Just before filing my 140 for a substitued labor, I did joined company A.

any help, update or advise please ?
 
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Here is where I am at now.

The attorney has not responded to the 2nd RFE. There are 2 options to respond:

1) Submit "successor in interest" document as requested by NSC. I am not sure if my current company can produce that document at this point. But, I know, if we submit this document, my case will be approved for sure. I prefer this option.

2) Mention 5/12/05 AC-21 memo in the response and say that I-140 is "approvable" at this point. But my attorney can not guarantee if this get us the approval . Hence I am trying to stay away from this option.

I am talking to other attorneys to get a 2nd opinion. Bottom line, I don't want to see a denial after 5 years of long wait (5 years since my labor was filed).
 
I think you are doing the best thing asking other attorneys. Wish you all good luck and do not loose hope as things will turn positive.

Stay positive and assume you will be approved.

Also, keep on letting me know how things progresses.
 
Thanks for the encouraging words. I sincerely appreciate it. I will keep this thread updated.
 
I-140 approved !!

I am a Christian and I believe in miracles...and yes, a miracle did happen. I got my I-140 approved finally about a month ago !!
 
just waited

Thanks punjabi.

I would say I just waited. I was in touch with senator and congressman for more than 2 years. But every response I got from them was that my case was stuck in security review and they can not expedite it. Maybe, CIS did consider the fact that senator and congressman contacted them so many times and they could have made them work on my case.

To tell you the truth, I don't think anyone else have gone thru so much pain like me. My case was so complicated. By God's grace, it finally got approved.
There were a few well wishers encoraging me throughout this struggle (DIGS, where are you man ??). I would like to express my sincere gratitude for all of them.

I wish you good luck..I stayed hopeful all these years and you do too !. It is never easy, just worth it !
 
if your employers company A was shady and shutdown and company B has not bought out Company A (old) ..low probability of getting I 140 approved. you can try AC21 ..You need a good attorney :)
 
bmt74 said:
Thanks punjabi.

I would say I just waited. I was in touch with senator and congressman for more than 2 years. But every response I got from them was that my case was stuck in security review and they can not expedite it. Maybe, CIS did consider the fact that senator and congressman contacted them so many times and they could have made them work on my case.

To tell you the truth, I don't think anyone else have gone thru so much pain like me. My case was so complicated. By God's grace, it finally got approved.
There were a few well wishers encoraging me throughout this struggle (DIGS, where are you man ??). I would like to express my sincere gratitude for all of them.

I wish you good luck..I stayed hopeful all these years and you do too !. It is never easy, just worth it !
Click to expand...

Hi,

Just curious, what is security check? How do they do it?
 
Questions.

Hi bmt74,

I have a question regarding your RFE.

- List of all other I-140 beneficiaries from my company
- W2's of all other I-140 beneficiaries from my company

Did you submit "pending" I-140 or you submit all I-140 beneficiaris from your company? In other words, if someone already get the GC, do you still provide the info when you submit RFE??

Let me know . Thanks so much.



bmt74 said:
Guys,

Kind of a good news. I received an RFE on my I-140. They have asked questions for one full page !. Following are the items they have asked for:


Establish that my employer is a consulting company
- Contract between my employer and vendor to prove that my company is a consulting company.
- My job offer letter with current employer

Ability to pay
- All my W2's from the priority date (dec 2002)
- Company's financial statements (or) tax returns
- List of all other I-140 beneficiaries from my company
- W2's of all other I-140 beneficiaries from my company

Also, one of the previous experience letter had a typo in the dates.

I don't know if anybody else had received such a lengthy RFE before. But I am going to work with my attorney and employer to respond to these queries...and of course, I will definitely need your help as well since some of you were in this situation before and got their cases successfully approved. My employer is very cooperative, they are not too big, not too small. So I am very hopeful.

I am atleast glad that I heard something from them after 30 months !. My guess is NSC has started working on the pending cases. So whoever is waiting for a long time, you might hear something soon.

I sincerely appreciate all of your support. I will keep you guys posted.
Click to expand...
 
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