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

immigration reform bills?

ThirstyFish said:
Answer 1> Concurrent filing for EB3 (as yours) is possible for APR 2001 or before candidates. So answer is NO, you have to wait (Ages, i think :)
2>Not sure,but I think doesn't matter
3>It does not matter as long as you keep uscis informed (there is a specific form to fill up). It would matter after filing 485 though
4>you get EAC/WAC receipt number upon I140 filing and you can track it online just like H1B
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Thanks for responding ThirstyFish...

Why do you say that the service center doesn't matter... is that because they all take the same amount of time to process one application?

Also, hopefully not ages... I mean there is still hope in immigration reform bills right? I heard abt three bills so far... I don't know how much truth there is to them:

a) A bill to increase the visa numbers.
b) A bill to not count family numbers... one visa per family basically... in effect this should at least double the numbers available.
c) A bill to allow ppl with approved I-140 to apply for EAD and advance parole, inspite of not being eligible to apply for I-485. The reasoning here is that at least the dependent spouse can start working!

Any thoughts, opinions ppl have ... or is it just me having high hopes.

Thanks for any responses...
 
#1 - Information

2002calabor said:
Hello Folks,

I am starting this thread for all the folks who are coming out of the BEC mess after spending anywhere between 3 to 5 years and are now getting ready to file I 140. I would encourage everyone to discuss the following:

1. Document requirements for 140.
2. Ability to pay issues.
3. Education equivalency issues (BS +3 years, MS+0 years ...)
4. Issues regarding labor matching/not matching 140
5. What service center should the application go to?
6. Premium processing pros and cons
7. Concurrent 485 filing issues.
8. EB2 vs EB3 issues.

Besides all of the above feel free to moan and groan about the general pain GC process has inflicted on your personal life :)
Click to expand...

Here is the checklist for I140

1) A copy of the most recent I-94

2) Most recent date of arrival in the U.S.

3) Airport and City of most recent arrival in U.S.

4) Social Security #___________________________

5) Last Permanent residence abroad (at any time before you came to the U.S.)

6) Current Permanent Residence abroad (may be different from 6 due to moving)

7) Name, relationship, date of birth, country of birth and present address of dependent family members (spouse and children), if any.____________________________________________________________________________________________________________________________________________________

8) Copies of all educational papers (Degree Certificates, Mark sheets, etc.)
from Higher Secondary onwards

9) Experience or reference letters from previous employers. Please make sure that these letters are consistent with the job title, period of employment and job duties as stated in Part B of the labor cert. form (Form 750 B- the form you signed for labor certification filing). If you are planning to get new experience/reference letters from your previous employers, please let us know if you need sample letters for purposes of format.

10) Copies of all prior approval notices for your nonimmigrant status (H-1, H-4, L-1 etc….).

11) Copy of Passport Page showing most recent US Visa.

12) Copies of most recent I-94’s, U.S. visa’s and passport of all dependent family members;

13) Marriage Certificate;

14) Birth certificate(s) of children not born in U.S. and who will be immigrating with you;

15) Copies of W-2’s for the last 4 years ;

16) Copies of 3 recent pay stubs.
 
LC approval letter

shridharp said:
You dont get any letter or communication from BEC upon labor certification. Your Lawyer and Employer receives final determination lettter and you lawer receives all paper work.

My labor got approved on 8th Nov. In my case PBEC took total ~2 weeks to send all approval papers to Lawyer.

Lawyer told me that, you do not recieve any paper work at your home address during labor certification and I-140 process.
Click to expand...

I guess the LC applicant will receive a copy of approval letter (no ETA forms will be attached though) stating that the labor is certified at their address. Your employer and attorney will receive the complete set of documents. I received the same.
 
Any new updates of new immigration bill

I have read somewhere on this forum that there is a rumor to eliminate retrogression completely so everyone can file their I485s and receive EADs and use AC21 if needed. Please share if someone has any updates on this...
 
Yesterday, I received email from my Lawyer that my I-140 is approved. :) It was applied in premium. He dispatched my I-140 application docket on Tuesday Jan 9 and it got approved in just 3 days on Jan12. So fast... :) amazing...


DBEC_Labor_Pain said:
I guess the LC applicant will receive a copy of approval letter (no ETA forms will be attached though) stating that the labor is certified at their address. Your employer and attorney will receive the complete set of documents. I received the same.
Click to expand...
 
Last edited by a moderator:
Got Biometrics Appointment Letter (TSC)

My premium I-140 got a snug with salary issues. Got the Biometrics Appointment Letter from Texas Service Center on Jan 13, 2007.
 
Can somebody post the URL where you can track the I-140 status?

ThirstyFish said:
4>you get EAC/WAC receipt number upon I140 filing and you can track it online just like H1B
Click to expand...

First of all thank you for this forum. I got out of the DBEC mess and filed I-140 within 2 weeks or less. I got the note from my Lawyer that the case is filed with NSC and he gave me a LIN number. Can somebody post the URL where you can track the status? We filed normal (no premium) as my PD (12/17/2004 for EB3) does not need premium. From the note from my Lawyer, the case shows the filed date as December 26, 2006.
 
bingojohn said:
Also, hopefully not ages... I mean there is still hope in immigration reform bills right? I heard abt three bills so far... I don't know how much truth there is to them:

a) A bill to increase the visa numbers.
b) A bill to not count family numbers... one visa per family basically... in effect this should at least double the numbers available.
c) A bill to allow ppl with approved I-140 to apply for EAD and advance parole, inspite of not being eligible to apply for I-485. The reasoning here is that at least the dependent spouse can start working!

Any thoughts, opinions ppl have ... or is it just me having high hopes.

Thanks for any responses...
Click to expand...

I have similar news on bills, not really following as I feel that documented intelligent immigrants are like the last area of concern for the present goverment. My lawyer told me that some relief or the other might be coming soon (as in some time in 2007). I am not really counting on it but I think we might get some relief. till then, I am standing in the queue waiting for my turn .. hopefully not loosing patience before it. :(
 
Finding case number from USCIS

Hi Folks:

Is it possible to find the Case number from USCIS? My 140 has been approved and I want to register with USCIS to receive online case status updates.

Any help will be appreciated. Thank You.
 
will i get RFE?

I filed for I-140 under regular processing. My lawyer asked for last 3 year's w2's.
My year 2005 earnings are not very good since I did not work for some months becoz of health issues. I just submitted only year 2006 tax returns. Will it create problems for I-140 approval?. Since Green card is for future employment why do we need to submit, last 3 year's w2's?
 
ssp123 said:
...........I did not work for some months becoz of health issues. I just submitted only year 2006 tax returns. Will it create problems for I-140 approval?. Since Green card is for future employment why do we need to submit, last 3 year's w2's?.............
Click to expand...

If you are with a company of less than 100 employees, you may need to get all your papers related to the health issue ready.
 
2002calabor said:
Hello Folks,

I am starting this thread for all the folks who are coming out of the BEC mess after spending anywhere between 3 to 5 years and are now getting ready to file I 140. I would encourage everyone to discuss the following:

1. Document requirements for 140.
2. Ability to pay issues.
3. Education equivalency issues (BS +3 years, MS+0 years ...)
4. Issues regarding labor matching/not matching 140
5. What service center should the application go to?
6. Premium processing pros and cons
7. Concurrent 485 filing issues.
8. EB2 vs EB3 issues.

Besides all of the above feel free to moan and groan about the general pain GC process has inflicted on your personal life :)
Click to expand...

Newbie here .... my take on the issues are as follows:

1. Already answered here
2. Please follow this thread
3. No idea
4. No idea
5. Should be filed at NSC - processing load will be shared with TSC
6. Pro: quick approval, this is necessary in order to get 3 year H-1B approval for retrogressed candidates, Con: costs a grand, likely to be revised
7. If availing AC-21 portability, an approved I-140 is a better bet
8. An EB2 case is likely to be scrutinized more owning to stricter qualification rule.
 
tax or w2

If you work a small company (less than 100.. less than 50).. do you need to provide company tax returns... or would my w-2's for the last 3 years showing a salary equal to or higher than the salary stated on the LC be sufficient?
 
May be both !!

mwalam said:
If you work a small company (less than 100.. less than 50).. do you need to provide company tax returns... or would my w-2's for the last 3 years showing a salary equal to or higher than the salary stated on the LC be sufficient?
Click to expand...
I work for a "less than 100" company. My PD is 2002. Applied for I-140 Premium on Dec 27, 2006. Submitted W-2s of 2005 and 2004, 1040 0f 2005 and company tax return of 2002. Got an RFE. CIS stating that they need more documents. They gave some choices. One was to submit company tax returns from 2003 to 2006 (they already have 2002). Other was to submit all my W-2s with 1040s of all those years. I sent as much as I could. And waiting.....
 
485?

DO you suppose you were requested more of these documents because you filed 485 with the 140??

485 does require affidavit of support which translates to 3/4 yr tax returns (unless you have worked for 10yrs ie 40credits and don't need a sponsor anymore)
 
mwalam said:
DO you suppose you were requested more of these documents because you filed 485 with the 140?? 485 does require affidavit of support which translates to 3/4 yr tax returns (unless you have worked for 10yrs ie 40credits and don't need a sponsor anymore)
Click to expand...
May be! I am not yet sure how the process moves. But the RFE was for I-140 only. Thanks
 
mwalam said:
DO you suppose you were requested more of these documents because you filed 485 with the 140??

485 does require affidavit of support which translates to 3/4 yr tax returns (unless you have worked for 10yrs ie 40credits and don't need a sponsor anymore)
Click to expand...

Can you explain this concept of not needing a sponsor anymore? I don't have 10 years but I think I have reached the 40 credits with SSN. Does that mean all I need from my employer is 140?


BTW, I am so p*** today. My labor has been approved for 3 months now. My lawyer is still working on the forms for 140/485. They asked me to be patient while they try to meet a DOL deadline for Backlog center cases as that is their priority right now. I can't even do anything. Its a big corporate lawyer and the HR is also completely unsympathetic.
 
I don't know much about this sponsor requirement for 485.

But I am not sure you can have 40 credits unless you have been paying Social Security Tax for 10 years because you can earn a maximum of four credits each year.

I am just curious.
 
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