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

manwithnoname,

I was thinking that once the I-140 is approved it is for you to keep even if the employer were to revoke it. Is that not the case?

Thanks,

I think once I-140 is approved, you can keep the PD. Once revoked, that particular GC trail become invalid. However, at a certain stage the revocation has no effect - please read here for details.
 
Should I transfer my case for PP?

My LC filed in 2005 (got approved in January 2007 No NOF) and my attorney submitted Company Tax returns and financial documents for year 2005 and 2006 with I-140. My company’s financial record was weak in year 2005. I make more money than Proffered wage in year 2006 and now but I made less in year 2005. My attorney says he has tried his best not to get “ability to pay” RFE but he is not sure.

My H1B expires in October 2007 looks like NSC is processing August 2006 cases at this time to reach to my date it will take 7-8 months that will be October too. Should I transfer my case for PP so that I will get 3 year H1B extension?
Any suggestions.
 
My LC filed in 2005 (got approved in January 2007 No NOF) and my attorney submitted Company Tax returns and financial documents for year 2005 and 2006 with I-140. My company’s financial record was weak in year 2005. I make more money than Proffered wage in year 2006 and now but I made less in year 2005. My attorney says he has tried his best not to get “ability to pay” RFE but he is not sure.

My H1B expires in October 2007 looks like NSC is processing August 2006 cases at this time to reach to my date it will take 7-8 months that will be October too. Should I transfer my case for PP so that I will get 3 year H1B extension?
Any suggestions.

I think you may wait for a couple of months by following the processing speed more closely, in case it slows down, upgrade to PP.
 
urgent advise needed

Guys, please help need advice.

just recently my labor has been approved and i am preparing to file I-140. I filed my labor back in 2004 with bachelor plus 1 year exp. i believe that falls in EB3 but at present i have master plus 6 years exp. Is there any way i could change from EB3 to EB2 or atleast i could make a request about it or any other way i could justify my case from EB3 to EB2. My lawyer says it is not possible and it has been decided once i put an ad. for labor.

Also my 6 year h1-b expires in october 2007 so do you think i should go for premium processing or should take a chance and wait for I-140 approval without spending 1k for pp.

Thanks,

:confused:
 
you should definitely apply for PP

My LC filed in 2005 (got approved in January 2007 No NOF) and my attorney submitted Company Tax returns and financial documents for year 2005 and 2006 with I-140. My company’s financial record was weak in year 2005. I make more money than Proffered wage in year 2006 and now but I made less in year 2005. My attorney says he has tried his best not to get “ability to pay” RFE but he is not sure.

My H1B expires in October 2007 looks like NSC is processing August 2006 cases at this time to reach to my date it will take 7-8 months that will be October too. Should I transfer my case for PP so that I will get 3 year H1B extension?
Any suggestions.
 
One more Question

Thanks for the reply, One more question

Who gets the original copy of Approved I-140? Employer? or Attorney? I know I-140 is employer's Property, but my original receipt went to Attorney and he provide me a photocopy to find my Receipt Number and Receipt Date. All the correspondance takes place from different location than where I work as my employer has headoffice located in other building. My attorney is in my favor but employer's mood depends upon the circumstances.

Incase I want to change my job after this I-140 approval, file another LC and another I-140 then I want to find a way to deal with my employer.


I think you may wait for a couple of months by following the processing speed more closely, in case it slows down, upgrade to PP.
 
Hi Guys. My lawyer notified us that my husband's labor got approved. How long does the I-140 take if you go regular. Also our H1-B is up for renewal. Will we get the 3 year or 1 year deal on this?
Any help appreciated. Thanks
 
Hi Guys. My lawyer notified us that my husband's labor got approved. How long does the I-140 take if you go regular. Also our H1-B is up for renewal. Will we get the 3 year or 1 year deal on this?
Any help appreciated. Thanks

NSC is processing cases filed around August 2006, whereas this is September 2006 for TSC. There are instances of approvals from TSC in ~80 to 90 days (though un-common). If your H-1B renewal is round the corner, I think, it is worth going for Premium processing. An approved I-140 will fetch you a 3 year renewal, provided you are blocked from filing I-485 due to retrogression.
 
HI everybody iam new on this forum
and i have question my case just got certified on 3-21-07
star everything on 4-25-2001 case move from sf dol to backlog philladelphia
on 11-04-2004 # 45 letter received on 2-09-2005 sing and returnt 2-11-2005 certified on 3-21-2007
can i file for pp on I140 may days are current is worht to pay the 1000
any help tank you for all the help

Since your PD is current, I-140 PP will be useful, if you plan to take advantage of AC-21 (that allows you to change employer after I-485 pending for more than 6 months).
 
I-140 PP without Original Labor Certification Papers

Even after two months, I still haven't received my original labor approval papers. My lawyer told that I don't have to wait for original labor papers and so we applied for I-140 with premium processing.

Even after 15 calendar days from the receipt date, I haven't heard anything or saw a change in online case status. Based on my own research and on the information from Internet, I understood that as my case now involve USCIS to request a copy of my labor approval from DOL, So my I-140 is not eligible for premium processing.

Anyone in similar situation?
 
Even after two months, I still haven't received my original labor approval papers. My lawyer told that I don't have to wait for original labor papers and so we applied for I-140 with premium processing.

Even after 15 calendar days from the receipt date, I haven't heard anything or saw a change in online case status. Based on my own research and on the information from Internet, I understood that as my case now involve USCIS to request a copy of my labor approval from DOL, So my I-140 is not eligible for premium processing.

Anyone in similar situation?

You are still eligible for Premium Processing. Although PP implies processing within 15 days (the same time-frame holds for an RFE response), your case is different. The request to BEC will be send within 15 days, but a second 15 day clock will start once BEC responds with the LC. Much depends on how soon BEC responds.
 
manwithnoname

Is this 15 days clock recurring theory from yourself? or someone else?

My attorney told me that most probably the service center will return the PP fee to you if they realized that they can not finish it in 15 days.

-k
You are still eligible for Premium Processing. Although PP implies processing within 15 days (the same time-frame holds for an RFE response), your case is different. The request to BEC will be send within 15 days, but a second 15 day clock will start once BEC responds with the LC. Much depends on how soon BEC responds.
 
Experience question

Hi guys,

My labor just got approved after a long wait (see my signature). My lawyer is waiting for a hard copy of the approval before initiating the 140 steps. My case was filed in EB2 with MS+0years as the requirement. I joined my employer several years ago right after my MS. So, I do not have experience from a previous employer to speak of. Al though, I have tons of experience with the current employer. Also, the current employer got bought by a much larger company a couple of years ago.

So, the questions:
1) Will my having no experience with a previous employer cause problems with 140 even tho the requirement says MS + 0 years in my labor?

2) Can I claim experience from the years prior to the merger of the company (my company has changed the name and we are now filing all paper work under the larger company's name)?

Am a little nervous. Do not want to mess this up after having waited so long for Labor to clear.
 
manwithnoname

Is this 15 days clock recurring theory from yourself? or someone else?

My attorney told me that most probably the service center will return the PP fee to you if they realized that they can not finish it in 15 days.

-k

What made you think that I assume?? My posts were never based on assumptions, rather on references.

Please read here about PP details.
 
I-907 PART 2 Questions 1 to 5

I have a question regarding my application for the premium processing.
What are the answers for the I-907 PART 2 Questions 1 to 5 especially Question Number 1?

I-140 premium processing request Form I-907 Part 2 Questions 1 to 5

1.Form number of related petition/application.
What is Form Number?

2. Receipt number of related petition/application.
LIN-XX-XXX-XXXXX from Form I-797

2.Classification/Eligibility Requested.
Mention EB? Category from Form I-797

4.Petitioner/Applicant in the relating case.
My employer/ Company Name

5.Beneficiary in the relating case.
My Name

Please provide help I don’t want to go through my attorney for this procedure.

Thanks
 
I have a question regarding my application for the premium processing.
What are the answers for the I-907 PART 2 Questions 1 to 5 especially Question Number 1?

I-140 premium processing request Form I-907 Part 2 Questions 1 to 5

1.Form number of related petition/application.
What is Form Number?

2. Receipt number of related petition/application.
LIN-XX-XXX-XXXXX from Form I-797

2.Classification/Eligibility Requested.
Mention EB? Category from Form I-797

4.Petitioner/Applicant in the relating case.
My employer/ Company Name

5.Beneficiary in the relating case.
My Name

Please provide help I don’t want to go through my attorney for this procedure.

Thanks

Please note that I am not a lawyer, nor did I filed my I-140 petition myself. It appears to me that the Form Number (question #1) should be I-140 in your case. The Form 907 is used to expedite multiple types of petitions like I-140 or H-1B. Therefore, it should be specified what type of application the PP will apply to. Just my thoughts.
 
Hi guys,

My labor just got approved after a long wait (see my signature). My lawyer is waiting for a hard copy of the approval before initiating the 140 steps. My case was filed in EB2 with MS+0years as the requirement. I joined my employer several years ago right after my MS. So, I do not have experience from a previous employer to speak of. Al though, I have tons of experience with the current employer. Also, the current employer got bought by a much larger company a couple of years ago.

So, the questions:
1) Will my having no experience with a previous employer cause problems with 140 even tho the requirement says MS + 0 years in my labor?

2) Can I claim experience from the years prior to the merger of the company (my company has changed the name and we are now filing all paper work under the larger company's name)?

Am a little nervous. Do not want to mess this up after having waited so long for Labor to clear.

Please post your question here as well.
 
My PD is DEc 2001 and got LC certified in Jan 07 from DBEC. My co attorney went with Premium Processing and it was totally worth it as I-140 got approved in 6 business days.
In your case however you could be eligilble to file concurrently. Please talk with your attorney if you can do that. Sometimes it takes a while for them to file the paperwork and it would be worth it to file concurrently and not have to worry about I-140 getting approved to file for 485 as your PD is current (especially if you are paying from your own pocket).

Best of Luck!

HI everybody iam new on this forum
and i have question my case just got certified on 3-21-07
star everything on 4-25-2001 case move from sf dol to backlog philladelphia
on 11-04-2004 # 45 letter received on 2-09-2005 sing and returnt 2-11-2005 certified on 3-21-2007
can i file for pp on I140 may days are current is worht to pay the 1000
any help tank you for all the help
 
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