I-140 CALIFORNIA EB2 Tracker only

Dangerous RFEs on 140 !!!! - advice please

:confused:
this is reg my 140 and the RFEs that it received! (hitch: Original LC lost ..attorney applied with a copy of LC)
I was using a subst labour (EB2).

first RFE came in may 1st week, on companies Tax returns for the last 3 years and a letter from the company that they didnt use the LC for anyone else, responded by june last week.

Mid-aug, second RFE arrived:

1. Asking for original LC as the letter from company said that the LC was not used for anyone till now. My Attorney says there is some memo which says that with a LC copy 140 can be filed if the original is lost and so she is planning on sending that memo copy asking INS to request a duplicate copy of Labor from DOL. Will this fly?

2. Its a small firm, so INS dug out all the H-1s that the company had till now and asked why the firm had so many H1s (close to 40) compared to only 15 working right now. So they asked for a detailed list of who joined when and who left when and positions. This has been compiled and passed on to attorney.

3. Whether the beneficiary (yours truly) is on-site or with company project and if on-site proof ..so my company is giving the copies of the last 2 client contracts to attorney.


Question: Will my 140 see the light of the day ??
On the point 1 above, will my attorney's response stand?

anyone who has experience with this kind of RFE's, your inputs please!
--Rox
 
Re: Dangerous RFEs on 140 !!!! - advice please

Linuxrox,

I don't have much information. But regarding the point (2), it should work. In one of my friends company, they lost a labor too and they asked BCIS to get the original from DOL and it worked out for them. Check out the link.

http://www.workforcesecurity.doleta.gov/foreign/faqsanswers.asp#perm12

Hope it helps. Cheers.

Originally posted by linuxrox
:confused:
this is reg my 140 and the RFEs that it received! (hitch: Original LC lost ..attorney applied with a copy of LC)
I was using a subst labour (EB2).

first RFE came in may 1st week, on companies Tax returns for the last 3 years and a letter from the company that they didnt use the LC for anyone else, responded by june last week.

Mid-aug, second RFE arrived:

1. Asking for original LC as the letter from company said that the LC was not used for anyone till now. My Attorney says there is some memo which says that with a LC copy 140 can be filed if the original is lost and so she is planning on sending that memo copy asking INS to request a duplicate copy of Labor from DOL. Will this fly?

2. Its a small firm, so INS dug out all the H-1s that the company had till now and asked why the firm had so many H1s (close to 40) compared to only 15 working right now. So they asked for a detailed list of who joined when and who left when and positions. This has been compiled and passed on to attorney.

3. Whether the beneficiary (yours truly) is on-site or with company project and if on-site proof ..so my company is giving the copies of the last 2 client contracts to attorney.


Question: Will my 140 see the light of the day ??
On the point 1 above, will my attorney's response stand?

anyone who has experience with this kind of RFE's, your inputs please!
--Rox
Click to expand...
 
I-140 is going to slow down :((

I read this news at the following website:
(http://www.lewslaw.com/US_Immigration_Updates.htm#09022003b)

Do you guys know anything further about I-140 slowdown?
Looks like, between Sep 15th and Oct 1st, I140 dates did not move at all :(




CSC Liaison Meeting Summary For August 27, 2003 (09-16-2003) [Top]

Adjudication Priorities
The priority for adjudications until September 30, 2003 is that of religious worker cases. It is anticipated that in October 2003, the adjudication of adjustment applications (I-485s) will resume at a faster pace (perhaps double). It is also expected that in October the adjudication of Employment Authorization Applications (I-765) and Advance Parole Applications (I-131) filed concurrently with I-140/I-485s will be faster, so that eventually these applications will be adjudicated within 45 days.. By the end of September 2003, it is hoped that H-1B visa petitions, except for extensions, will be processed within 90 days. H-1B visa extensions should be adjudicated within 4.5 months and eventually by the end of this calendar year - 90 days. However, the processing time for Immigrant Visa Petitions (I-140) will be delayed.
 
Re: Re: Dangerous RFEs on 140 !!!! - advice please

Thanks Masti ..i just wanted to get more credence to what my attorney was telling me.

Originally posted by masti25
Linuxrox,

I don't have much information. But regarding the point (2), it should work. In one of my friends company, they lost a labor too and they asked BCIS to get the original from DOL and it worked out for them. Check out the link.

http://www.workforcesecurity.doleta.gov/foreign/faqsanswers.asp#perm12

Hope it helps. Cheers.
Click to expand...
 
I am wondering once I-140 is cleared/RFEd whether all the folks provide the details in this forum. They might forget to update I-140 forum and jump onto I-485 forum.

I request all of the folks to update this forum based on the update they get on their I-140.

It helps us a lot.

Thanks very much
 
Emergency Advanced Parole from CSC

I have applied for AP 08/21/2003. I have an emergency to travel to India.
I want to apply for emergency AP from Santa ana CAlifornia office.
Does any one knows the process?
Like what documents are needed?
Has anyone done so recently. I will appreciate if any one can post sample doctor certificate
which shows it is real emergency.
Do I have to go to Santa Ana office or to CSC Laguna Neigel?

Thanks
Ladka
 
to arajaa, I'll post when I get it, my RD is 06/03/2003 and projection to get AD ~ 04/2004 - 05/2004
 
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I-140 (EB2 CSC update

No Update received till today. The no. of days keeps increasing.
10 months to process I-140 and that too EB2 category.....

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status:

Your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on May 5, 2003. We mailed you a receipt with information about processing. It is taking between 270 and 300 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
 
ladka26,

Is yours a concurrent filing?
Have you received your AP and EAD.

I have received my AP and EAD and my I-140/I-485/AP/EAD RD is 05/15/03 and still no word on my I-140.
 
OT- EAD on hold - what does this mean ?

Hello All,

My EAD /i-485 RD 07/24 and I-140 06/03 at CSC. Recently, I went to local office to get interim EAD, since 90 days passed from EAD RD. Interim EAD was not issued and the reason was: the EAD is on hold.
Does anybody know: what does this mean ?
I have immediately contacted lawyers of my company and they made phone calls to Laguna Niguel center, from their words there is no RFE on I-140 (so far) but it is not approved, there is no RFE on EAD, no RFE on I-485, and lawyers did not get any explanations of "EAD on hold" situation.

That's it.

Posted on EAD board.
Posted here, just because mostly reading this thread and for your info.

--packer4
 
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guess its wait for ever

there is no hope in these guys. they change the rules every day. the whole dept is a big joke. is there any explanation on why they take years and years to process these applications? more or less someones job/life is at the mercy of these people. there is a limit to patience...you can live with some set of rules, but its not fair if they keep changing them left and right..

sorry to do this..but this whole thing of infinite wait is BS. they should probably just say there is nothing like GC..

later folks..one more 140/485 guy.
 
My understanding on the EAD on Hold is if the BCIS finds that the I-140 petition is not bonafide or a RFE is issued.
 
packer4,

You should have your iEAD. Which local office you when?

When I went to San Jose office for my iEAD a few months back. I was almost bounced back since they asked I-140 approval notice which I believe that is not required. I insisted to speak to his supervisor. In the end iEAD was issued.
 
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