I-140 after BEC: How, what, when, where ...

[eaky]

Pp

I didnt see a LUD change since mine was filed in Jan and indeed i am contemplating on converting i-140 to PP specially now that i485 is being filed
next week. My employeer is a big fish so I am not too worried about 140 but I was advised by one of my good friend to get the 140 approved asap.

ThistyFish
As you can see my I-140 was regular not PP. At first I was worried about it too. Whether I should change to PP. Sometimes it feel much better to have I-140 approve asap. I think your company is big enough and there should be no problem to get I-140 approve whether regular or PP. Hang in there. Almost there.

 

[2002calabor]

eaky,

Congratulations!!! that was really fast... Replying to me was the lucky charm

lucky for you that your case went to TSC. My case came out of PBEC and it is stuck in NSC now ...

Today after I reply to 2002calabor, I check my status online again.
To my surprise I got a status "Approval notice sent" for both 140 and 485 for me and my wife.
Hang in there guys and thank you very much for everything.
First I thought I got only another LUD but I got an approval instead. Great news.
So from what my friends said was kind of true, the more LUD change without RFE the closer you start to get an approval.
Maybe it is just a theory.

Best wish to all of you. Hang in there. Almost there.

 

[ThirstyFish]

Thanks...

ThistyFish
As you can see my I-140 was regular not PP. At first I was worried about it too. Whether I should change to PP. Sometimes it feel much better to have I-140 approve asap. I think your company is big enough and there should be no problem to get I-140 approve whether regular or PP. Hang in there. Almost there.

Thanks for your kind words, though I am getting little impatient now, its almost 5 months since 140 was filed for me

 

[yours_sincerely]

Thanks Thirtyfish

Thanks ThirtyFish,
I hope some miracle happens . I am planning to go for I-140 premium...atleast I'll know the bad news earlier than wait for it .

Yours_sincerely, The picture isn't too rosy for you but do not lose heart yet. I did check the i-140 guidelines again, looks like it will depend upon the interpetation of the approver. The guidelines sure looked confusing to me..
What does your lawyer say ?

 

[sbydbec]

Approval Letter

My I-140 was approved on 5/10/07 as per online status, but I still haven't received the paper approval notice. Does the approval notice go to attorneys' office or my address or both? What is the typical wait time?

 

[charlesmighty]

eaky,

Congratulations but can you please cofirm if this is correct you filed for conncurrent filings of I140 & I485 02/2007 & you got your I485 approved on 05/2007 so you got your application approved in 3 months? wow thats kinda quick!

my PD is 03/2001 and i am about to file for I140 &I 485 conncurrent do youo think I can get it approved by 09/2007?

Thanks

Today after I reply to 2002calabor, I check my status online again.
To my surprise I got a status "Approval notice sent" for both 140 and 485 for me and my wife.
Hang in there guys and thank you very much for everything.
First I thought I got only another LUD but I got an approval instead. Great news.
So from what my friends said was kind of true, the more LUD change without RFE the closer you start to get an approval.
Maybe it is just a theory.

Best wish to all of you. Hang in there. Almost there.

 

[sbydbec]

What does this mean...

Hi friends,

My I-140 application was approved on 5/10/07 (per online status). Since I still haven't received the approval notice, I check the online system today, I saw this....

Receipt Number: lin07145******

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: Case was shipped to the Department of State for visa processing.

On May 17, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.

I don't know what this means. Have anybody seen this message also?
Thanks!

 

[eaky]

Yes

eaky,

Congratulations but can you please cofirm if this is correct you filed for conncurrent filings of I140 & I485 02/2007 & you got your I485 approved on 05/2007 so you got your application approved in 3 months? wow thats kinda quick!

my PD is 03/2001 and i am about to file for I140 &I 485 conncurrent do youo think I can get it approved by 09/2007?

Thanks

Dear Charlesmighty
Yes I filed I140 & I485 on Feb07 and got approved in May07.
Just received the card on 05/29/07 after the memorial weekend.
I don't know why my case got approved faster. All I know is that the LUD changed very frequently before it get approve.
Hang in there. You almost there just a little bit more. Don't lose hope.
Now I have to send the resignature letter and find a better job with better hours and better pay.

 

[F16]

Congratulations.

I wonder did you apply for Advance Parole and travel document?

PD: Dec-11-2002
COncurrent Filing: I140, I485 : May-01-2007
I140 Cleared on 5/15/07
Bio metrics: 5/24/07
LUD: 5/3, 5/24, 5/25, 5/29

Dear Charlesmighty
Yes I filed I140 & I485 on Feb07 and got approved in May07.
Just received the card on 05/29/07 after the memorial weekend.
I don't know why my case got approved faster. All I know is that the LUD changed very frequently before it get approve.
Hang in there. You almost there just a little bit more. Don't lose hope.
Now I have to send the resignature letter and find a better job with better hours and better pay.

 

[charlesmighty]

Dear Charlesmighty
Yes I filed I140 & I485 on Feb07 and got approved in May07.
Just received the card on 05/29/07 after the memorial weekend.
I don't know why my case got approved faster. All I know is that the LUD changed very frequently before it get approve.
Hang in there. You almost there just a little bit more. Don't lose hope.
Now I have to send the resignature letter and find a better job with better hours and better pay.

Dear eaky,

Thanks for the confirmation and also the encoraging words guess we all need that.

Can you please tell me, how did you set up your email with your case portfolio to check your LUD? Is there a particular website ?

Thanks buddy and good luck with your search for a new job with better pay.

Charlesmighty

 

[eaky]

uscis website

Dear eaky,

Thanks for the confirmation and also the encoraging words guess we all need that.

Can you please tell me, how did you set up your email with your case portfolio to check your LUD? Is there a particular website ?

Thanks buddy and good luck with your search for a new job with better pay.

Charlesmighty

Normal set up from USCIS website (greencard processing). You enter SRC# and create your login & password. Then you add more SRC case inside for your portforlio. Keep checking it. Sometimes you will see LUD change. After FP is done, you can watch it changed (for sure) but there was no email to you until there is a major change in status then you will get email from them. Goodluck buddy. Hang in there everyone.

 

[yours_sincerely]

I-140 Premium Processing issue

Dear Oct03 (or anyone who might know about this one),
Your situation is similar to mine in terms of no. of employees. My company also has 1 employee. Are your thinking of filing a premium processing I-140? My lawyer is in favor of regular processing of I-140 as he says that I will definitely get an RFE if I file in premium processing as mine is a 1 employee company. When I said that its better to get an RFE earlier than wait for a year to get one he said that in regular processing I may not get one. I would appreciate your views on this issue.

Guys, for a I-140 filed in premium processing, after an RFE/query is answered, is USCIS still obliged to work fast on that case or does it move like a regular case from then onwards?

Pls refer my signature for my details.
Question : I'm the only employee of my company. What are the problems/RFE's can I expect for I-140 & next phases?

 

[another_fella]

Dear Oct03 (or anyone who might know about this one),
Your situation is similar to mine in terms of no. of employees. My company also has 1 employee. Are your thinking of filing a premium processing I-140? My lawyer is in favor of regular processing of I-140 as he says that I will definitely get an RFE if I file in premium processing as mine is a 1 employee company. When I said that its better to get an RFE earlier than wait for a year to get one he said that in regular processing I may not get one. I would appreciate your views on this issue.

I work for a 4 employees company, and we did premium which got approved with no issues. If you work for a 1 man shop, and are considering premium, you may want to take the below listed things into consideration:

- till date whether you been paid on/above the salary that has been listed on the Labor?
- and your company tax returns

Guys, for a I-140 filed in premium processing, after an RFE/query is answered, is USCIS still obliged to work fast on that case or does it move like a regular case from then onwards?

The 15 day clock for PP starts after the RFE response is received by USCIS.

 

[yours_sincerely]

Thanks another_fella

Thanks for your prompt response. My company files tax returns. I have been paid the prevailing wage but I haven't got paid the proffered wage and I understand that it is an issue (the difference between my current wage and proffered wage is around 5K, will try to convince my employer to increase my wages to rebut an inevitable RFE/Intent to Deny). However, my understanding is that, I would anyways get a query with my combo of no. of employees and wages even if I go for regular processing. Views from fellow forum members will help me reach a firm decision.

I work for a 4 employees company, and we did premium which got approved with no issues. If you work for a 1 man shop, and are considering premium, you may want to take the below listed things into consideration:

- till date whether you been paid on/above the salary that has been listed on the Labor?
- and your company tax returns



The 15 day clock for PP starts after the RFE response is received by USCIS.

 

[mwalam]

You need to file your W-2's and the company tax returns for the years since filing your labor. For each year that there is a difference between the wages given to you and the proferred wage, the company tax returns should show a net profit of the difference, otherwise you might have issues on ability to pay.

As in if your salary is say 5000 and the labor salary is 6000, then your company should have atleast a net profit of 1000.

 

[yours_sincerely]

You are right

Mwalam,
You are right. There are other crieria also because many companies show losses but have enough assets to show good standing. Also, many companies (including mine) are operated as S-Corps where the owner takes out the company's profits as salary/bonus from the company so the company usually operates on minimal profit or loss. Basically, I will need a good CPA/lawyer's help once I get an intent to deny from USCIS.

You need to file your W-2's and the company tax returns for the years since filing your labor. For each year that there is a difference between the wages given to you and the proferred wage, the company tax returns should show a net profit of the difference, otherwise you might have issues on ability to pay.

As in if your salary is say 5000 and the labor salary is 6000, then your company should have atleast a net profit of 1000.

 

[Oct03]

Dear Oct03 (or anyone who might know about this one),
Your situation is similar to mine in terms of no. of employees. My company also has 1 employee. Are your thinking of filing a premium processing I-140? My lawyer is in favor of regular processing of I-140 as he says that I will definitely get an RFE if I file in premium processing as mine is a 1 employee company. When I said that its better to get an RFE earlier than wait for a year to get one he said that in regular processing I may not get one. I would appreciate your views on this issue.

Guys, for a I-140 filed in premium processing, after an RFE/query is answered, is USCIS still obliged to work fast on that case or does it move like a regular case from then onwards?

I'm planning to file for premium. I've sent all my docs to my attorney. My company also has sent all required docs to attorney. I'm waiting for the further instructions from my attorney.

 

[Oct03]

I work for a 4 employees company, and we did premium which got approved with no issues. If you work for a 1 man shop, and are considering premium, you may want to take the below listed things into consideration:

- till date whether you been paid on/above the salary that has been listed on the Labor?
- and your company tax returns



The 15 day clock for PP starts after the RFE response is received by USCIS.

- since 2006, my company is paying me more than the listed on the labor
- my company has filed all tax returns

 

[gamin786]

Dear Oct03 (or anyone who might know about this one),
Your situation is similar to mine in terms of no. of employees. My company also has 1 employee. Are your thinking of filing a premium processing I-140? My lawyer is in favor of regular processing of I-140 as he says that I will definitely get an RFE if I file in premium processing as mine is a 1 employee company. When I said that its better to get an RFE earlier than wait for a year to get one he said that in regular processing I may not get one. I would appreciate your views on this issue.

Guys, for a I-140 filed in premium processing, after an RFE/query is answered, is USCIS still obliged to work fast on that case or does it move like a regular case from then onwards?

RFE (Required further evidence) has hardly anything to do with what kind of processing you are doing (eigher regular or premium). If they require further evidence, they are going to ask for them, weather premium or no premium.

After your RFE is submited, USCIS should still work fast on that case. If they are not doing that, then your attorney should either write them or give them a call and ask them to do so.

 

[yours_sincerely]

I agree with you

Gamin786,
I agree with you but as per my lawyer that is just theory. He says premium cases are scrutinised more closely as compared to regular cases. I don't agree with him and feel the same as you do.

RFE (Required further evidence) has hardly anything to do with what kind of processing you are doing (eigher regular or premium). If they require further evidence, they are going to ask for them, weather premium or no premium.

After your RFE is submited, USCIS should still work fast on that case. If they are not doing that, then your attorney should either write them or give them a call and ask them to do so.