i-140 APPROVED

S

shyam19

Registered Users (C)
EB3 I-140/485 RD: Sept 30th 2003
EAD/AP approved Jan 15 th 2004 --EXPIRES ON JAN 15TH 2005
Applied for renewal for EAD/AP on Oct 1st 2004 LUD changed 10/19/04
RFE on SEP 21 st 2004 ON I-140(Company financial audited statements and w2 forms of mine 2001/2002/2003)

My attroney responsded and INS received the response on Nov 23 rd 2004
LUD changed on 11/24/04 and again LUD changed on 12/24/04 for I-140

I-485---LUD changed from 10/27 to 12/30(may be I called the INS direct number on 29th dec 2004)

EAD APPROVED ON 30TH DECEMBER FOR BOTH FOR ME AND MY WIFE

I-140 APPROVED JAN 12TH 2005

MY SPECIAL THANKS TO UNITED NATIONS WHO GUIDED AND MAKE ME UNDERSTAND LOT OF THINGS
THANKS MY FRIEND!!!!!!! :)
 
shyam19 said:
EB3 I-140/485 RD: Sept 30th 2003
EAD/AP approved Jan 15 th 2004 --EXPIRES ON JAN 15TH 2005
Applied for renewal for EAD/AP on Oct 1st 2004 LUD changed 10/19/04
RFE on SEP 21 st 2004 ON I-140(Company financial audited statements and w2 forms of mine 2001/2002/2003)

My attroney responsded and INS received the response on Nov 23 rd 2004
LUD changed on 11/24/04 and again LUD changed on 12/24/04 for I-140

I-485---LUD changed from 10/27 to 12/30(may be I called the INS direct number on 29th dec 2004)

EAD APPROVED ON 30TH DECEMBER FOR BOTH FOR ME AND MY WIFE

I-140 APPROVED JAN 12TH 2005

MY SPECIAL THANKS TO UNITED NATIONS WHO GUIDED AND MAKE ME UNDERSTAND LOT OF THINGS
THANKS MY FRIEND!!!!!!! :)
Click to expand...

congrats - that gives me some hope.
 
Thanks Shyam. My caseis I140 Dec 2003. I am also hopefull now. My rfe was also received on Nov 24th and the LUD got changed on 11/24 and then 12/24. It was also for W2 (2001/2002/2003).Let' see, one thing is clear it does not take always 3-4 weeks as it your case it took about 7 weeks.
 
UnitedNations,

Can you please explain what was the added complexity as it may be valid for my case as well ?
 
Thanks UnitedNations. Mine is a case of LS, so is it expected to take more time in my case ? Mine is concurrent (not same date) and in EB2
 
Does Labor sub without Original always take longer than the norm?

Or is it only in some cases where they have misplaced the original ? I am getting a bit worried. There was a 140 filed with the original labor which was withdrawn subsequently after a month or so. But since my company did not get the original back from INS, they submitted my 140 with a copy of the original labor and a copy of the withdrawl letter. Should I expect to wait much longer than the processing time ?
 
Hi UnitedNations,
How to verify with FBI if the name check is done already? My LUD changed last week only for 485.
So just curious if this is because they send/received name check confirmation to/from FBI.
In what circumstances I need to do this? Does it harm do it if I send enquiry to FBI just like that?
Any suggestions?

Thanks
-Greeny
 
Hi unitednations,
I've seen a couple of posts that you made emphasizing the need to file Sub. LC cases with the original LC in place of a photo copied LC. My attorney filed my I140/485 (sub.LC case) with a photo copy of the original LC with the California Service Center in Dec.04. However, he has the original with him and claims that no I140 has been filed earlier using this LC. I have 2 questions and would really appreciate if you can answer them for me:
1.Will USCIS take a long time to locate the original? Is this even required in every case?
2.Just to expedite my case, can my attorney now send the ORIGINAL to USCIS? If yes, what would be the procedure?

Regards...
 
UnitedNations,
I checked-up with my lawyer, they would not disclose anything to me as I-140 is a company petition. It's a BIG company, very good financial status, since the RFE only required the W2 (I only know about this), Do you know why they ask for W2 ?

Thanks
 
Last edited by a moderator:
UnitedNations,

My I-140 LUD again changed today to 02/01, is it a good sign? My rfe was received on Nov 22, LUD 11/24, 12/24 and now 02/01, could be it's a mass update ?

Thanks.
 
One question about the labor substitution scenario

Would you expect USCIS to wait until they get hold of the original Labor cert before they issue an RFE (for ability to pay, education,experience whatever reasons) or will you expect them to issue it while they are still waiting ?

The current processing time is past my 140 RD and I have not got a RFE yet. My lawyer thinks it's getting delayed because they are locating the original labor cert. Does that mean everything else in the app looks good to them and I would have already got a RFE if they were to issue one? I know noone knows how they work, but what's your guess?
 
unitednations said:
i have seen RFE's issues for ability to pay, education and within the same RFE, they asked for an explanation of why the original labor isn't available. Therefore, if you haven't received an RFE then it is probably approvable and they won't issue an RFE as everything else is probably fine; ie., education and ability to pay. however, as you said no one knows how they work, it could depend upon service center and even individual adjudicator.
Click to expand...

UN,

Do USCIS issue multiple RFE's on the same application. Say if one gets a RFE on I-140, do they ask for whatever they need (like W-2s, Ability to Pay, Education, Experience etc) in that RFE itself or they send one RFE and then you respond to it and then do they send one more?? How are the chances that you get a second RFE after the first one is answered (if company has > 1000 employees and financial statements submitted, 140 filing is meticulously done).

Pls share your thoughts.

Thanks.
 
Hi shyam19,
Congrats for your approval. Do you have any update on you 485. What is you PD?

My Details:
EB3 I-140/485 RD: Sept 19th 2003
RFE on SEP 21 st 2004 ON I-140(Company financial audited statements and w2 forms of mine 2002/2003)
My attroney responsded and INS received the response on Nov 20 2004
No Update on 485
I-140 APPROVED Dec 27 2004
 
unitednations said:
uscis has been sending straight denials without RFE's. However, for the most part they will send an RFE. Once you respond to it, they usually make a decision. However, you will sometimes see a second RFE (very remote chance).
Click to expand...


UN,

Thanks for your reply. I just wish USCIS becomes consistent in their processing patterns. Nobody can predict their approach.

Regards.
 
UN please advise.

MY 140/485 is at CSC on OCT 2004 EB3 from India.
PD Apr 2003 original labor.
I read your postings on company mergers/take overs.
Next year the company I'm working will be taken over
by another company. Could you advise me what should
I do or precautions in that case?
In the merger all the assets and liabilities will be taken over
by this new company.

Incase by the time of take over
1) 140 approved-> will USCIS say to reapply 140?
2) 140 not approved-------

thanks
babu.
 
UnitedNations,

My lawyer informed me today that they got a response for their enquiry for my pending LS I-140, the INS has requested DOL for original labor. Is there a time line for getting this from DOL, Is there anythinh I can do to expediate this ?

Thanks
 
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