Got an RFE for I-140. Pls Help....

E

enjoys1

Registered Users (C)
All,

An RFE was issued for my I-140 on Jun 12th. I don't know yet what the RFE is about. Problem is that ND for my I-140 is Nov 27th 2002 and I filed I-140/I-485 concurrently and my EAD is approved. But I no longer work for the company thru which I applied my I-485. I was laid off after 180 days of applying for I-485 though.

What are the chances for INS to ask abt paychecks, employmemt letter in the RFE for I-140.

Thanks
 
Nobody on this forum can predict what BCIS can do. (they might guess ;) )

My staunch feeling says that your RFE will be a very simple question and you will have a sigh of relief answering it.

Besides do you have all your w2 and paystubs?
 
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Yes, hopefully my RFE will be simple & easy to get over.

I do have all my W-2's and paystubs from my previous employer.

Thanks for info anyways
 
Originally posted by enjoys1
All,

An RFE was issued for my I-140 on Jun 12th. I don't know yet what the RFE is about. Problem is that ND for my I-140 is Nov 27th 2002 and I filed I-140/I-485 concurrently and my EAD is approved. But I no longer work for the company thru which I applied my I-485. I was laid off after 180 days of applying for I-485 though.

What are the chances for INS to ask abt paychecks, employmemt letter in the RFE for I-140.

Thanks
Click to expand...

enjoy1, I dont mean to scare you, but, here is my take on this..
I-140 is filed by employer while I-485 is filed by employee. So, if we get RFE on 485, we have a lot of different ways of handling it as you can see from various threads here.
But, you dont have control over your I-140 as it is controlled by Employee. If they ask for paystubs and w2's, you shud be able to handle it through the lawyer, but, if they ask for your EVL, you cant provide the present employers. You have to provide from the employer who filed your 140. Most of the times, they ask for companys ability to pay you...
There is nothing like AC21 rule for 140...
So, just be careful.....
I maybe wrong....Hopefully...
I hope someone clears this thing here....
Good Luck..
 
my RFE on 140 was on ..

1. Employer's ability to pay as quoted in Labor and to prove this my company's attested tax returns.
2. Mine was a subst Labor, so a statement from company declaring that this labor was not used by anyone before.

So fundamentally both were for company only!!
nothing that i could work on, and so i had to go through a wait of more than 45 days to get the RFE responded!
 
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kingno1 is right you have very little control over I-140 since it is your company's baby not yours. So most probably reply of RFE will have to come from your old company and not from you.

Check the following threads to get more details on 140 RFE

http://immigrationportal.com/showthread.php?s=&threadid=9644&highlight=140+and+RFE
http://immigrationportal.com/showthread.php?s=&threadid=76080&highlight=140+and+RFE
http://immigrationportal.com/showthread.php?s=&threadid=57674&highlight=140+and+RFE

Try to talk to your old company and see what they say.

If you have a lawyer then talk to him/her otherwise try to find a lawyer and talk to him/her in advance so that you won't get any surprise
 
My 140 RFE was on my MS degree credentials and 6 months pay stubs. So, my lawyer handled it directly through me. If yours is something like this, you have a way to handle this with your lawyer as all of the docs are with you. But, if it asks for companys ability and stuff, you can still be able to handle by talking nicely with your attorney, if he represents your old company still. But, if they ask for EVL, you are in soup..
 
Thanks for info and advice

All,

Thanks a lot for the info and advice.

My lawyer still hasn't received the RFE. Will keep you posted.

Regards
 
Details of RFE for my I-140

I was through till my I-140(I-140 was approved) at company A. But, I didn't apply for I-485 at company A as I wasn't married. My I-140 through company A was applied in May 2000.

I then moved to company B where I filed for my Labor Certification in August 2001. The requirements for my job at company B were to have atleast 1 year of prior experience.

Somehow, the employment letter submitted by company A when I filed my I-140 through company A got mixed up in the I-140 file that I filed through company B.

This is how careless the INS is. This was the last thing that anyone would expect to happen. The INS was probably sorting out pending files based on lastnames and somehow they mixed my approved I-140 file from company A with the pending I-140 file from company B.

And the insane thing is that the INS now wants the experiece letter to be signed by a financial officer. They probably want my experience letter to be signed by the CFO of company A. hahahaha....

My lawyer said probably some newly joined or DUMB ASSHOLE must be handling my I-140 application at the INS who doesn't even have the slightest brains to figure this out.

Luckily I still know many people in company A and I managed to get a new experience letter from company A and my lawyer submitted it as response to the RFE for my I-140.


RFE details of my I-140
-----------------------

Experience: Submit evidence to establish that the applicant possesses the experience listed on the form ETA 750(Application for Alien Employment Certification). Evidence of prior experience should be submitted in letterform on the previous employer's letterhead showing the name and title of the person verifying this information. This verification should state the applicant's title, duties, and dates of employment/experience and number of hours worked per week. The letter should be dated and include the current business address, current phone number, and current point of contact. A financial officer of the company must sign the letter.

The ETA 750 Labor Certification states the beneficiary requires 1 year of experience as a prior to the priority date of August 16,2001. The beneficiary's employment letter submitted into evidence from "Company A" dated April 25,2000 is a letter of employment intent. The letter submitted does not establish past employment history.

Submit evidence to establish the prior employment work experience required as an XXXX engineer prior to August,2001.
 
don't worry enjoy1.I got an RFE for my 140last yrin oct 2002.They approved it on dec 2nd in one
month after my reply.They mailed it to my lawer.
My guss is it is nothing 2 do with ur employer r
ur employment.I140 is about ur experience,And
qualification which was stated in ur LC.
They asked my previous experience,and my educational qualification for that job and experience in that job.I will pray for ur approval.
 
I had also got a RFE for my I-140. Since mine was a substitute labour case, INS asked the company to prove that the labour was not used for anyone else (i.e. no other I-140s were filed. or if filed were revoked)

The company took a loooong time to respond, even though my attorney said that it was a very simple thing to respond to.

Amazingly, INS approved my 1-140 within a few days of receiving the response. (If I remember correctly, within 4-5 days)

So dont worry and hopefully it will be something simple.
 
Hi Safeeqp,

For the experience letters, is it necessary to have all them
with complete skills to be mentioned ?

Just the emploment duration and position/designation are not enough for the experience letter?

And, is there any difference between Software Engineer and
Software Programmer ?
 
HI LCdecade,
My RFE stated to provide them with whateever, i have given in my labor approvel.
I had to provide that i have the experience in that field for what the LC was approved.
I am sorry iam not in computer field.I had
applied for ethinic cusines(indian rest).I was
spon by my uncle's frd.I did my hotel management in india,i worked in Taj for 1 half yr.I worked for a cruise lines as an cook for 1 half yr.So they asked proof that i had worked in indian food,
for atleast 2 yr's.So i had 2 get a letter frm
taj,my college stating that i had 2yr's exp.
So there u go it's my story.They approved my I140
in one week after receiving my reply for RFE.
 
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