I-140 cases at AAO

Ziri, try to find a new job before quitting this place. You could use AC21 (180 days rule).

Keep the latest paystubs with you and also the experience letter.
 
My company has been paying me the prevailing wage on 1099-MISC each year but has been at loss each year. Would BCIS approve such I-140 or not???
 
moniaandrzej, If the company can demonstrate that they have the means to pay you what the prevailing wage is when you get your GC, it should be ok.
 
Ziri, Post your question under I-485 issues --> I-485 Portability (AC21) forum. You will get more info.

--------

I need to quit my job as soon as possible. I have worked like a slave for the past 4yrs. My boss is a drug addict and I don't feel safe anymore. He doesn't know anything about the whole process as I control all incoming mail I have all the labor certications and the AAO decision with me I only showed him the denial letter, all he knows that my case was denied . Right now he can do anything I tell him to do. I told him am starting afresh and it will take 5yrs . He knows that if I get my papers I will leave him. So my question is what do I need from him before I qiut. Will they need pay stubs at the time of interview? please advise. Thanks
 
lcauser

It seems INS is not ready to approve my I-140 it is now almost 80 days since they received my appeal back from AAO. I have tried to call that number 1-800-375-5283 but all they are telling me is the information I know, nothing else. My lawyer wrote a third letter to vermon center and still no reply. What other step can I take, and is there a number for vermont center that I can call for help. I appreciate all your advise.
 
Ziri, When you talk to the USCIS Customer Service the next time, do point them to the USCIS website where they clearly state that you could initiate an equiry after 60 days after the receipt date from AAO.
 
I definietely think there is a problem with you case. Call them and find it out.

My AAO approval notice is received on 01/21/2004. And on 02/09/2004 INS web site says they received AAO decision. And on 02/11/2004, INS approved my case and send approval notice to me.
 
How long?

How long did it take for AAO to make a desicion on your case?

I am in EB-3 category and I have been waiting 1 year for I-140 based appeal.
 
MTR + I290B question.

Does anyone have any idea what
8 C.F.R. 103.1(f3)(iii)(B) is?
The 140 Denial notice that i got stated explicitly that under the above section, I may not appeal!
But my current employer is going ahead with the attorney who is filing the I-290B and the MTR.
Now where does the attorney send these? To the AAO office in Washington or to the BCIS center in CA ?

You can take a look at the below thread for all the details of my case:
http://boards.immigration.com/showthread.php?s=&postid=686226
 
If your attorney files MTR after 2 months BCIS will trabsfer your case to AAO for review like in my case. I have been waiting for 1 year for any action taken on my appeal (MTR).

Your employer did NOT have ability to pay you the prevailing wage which means 90K for software engineer and probably did not pay federal taxes by being at loss - this is the only reason why they denied our cases.
 
Need your inputs

niwdoer, moniaandrzej and others :
need you inputs please ..im in a similiar situation like you guys.My 140 was denied(on the basis ability to pay ) .my lawyer filed the appeal in mid jan and my case status still shows it is in the BCIS.(online status for 140 and 290B)
how long it takes for the center to make a decission at the center or transfer the case to AAO ?
Please let me know views ..
Thanks a lot for the help..
zigma
 
Jim Mills i need your advise...for others...tips from my case...

My 140 denied, coz of my lawyers mistake. he wrote a wrong company name on my 140 application. we tried to explain USCIS when a RFE was generated. but USCIS denied the petition.
we filed appeal explaining everything. but on the appeal receipt notice also the USCIS have mentioned that wrong company name.

2 times we had tried to file the 140 with correct name, but USCIS sent back the fees and application, asking us to submit original labour again.

Jim, now my lawyer was thinking to refile the petition telling USCIS that this labor was misfiled from him and get a copy from DOL. will this be allowed to apply 140 again, when the same labour for the same person is lying in appeals court.

thank you
 
Looks like if the SErvice center(in my case USCIS - CA center) deems that the argument submitted in the I-290B/MTR is not admissible, then it will be sent to AAO in DC by the USCIS.
Also, does any of you have any idea as to typically, in what time frame we will come to know, if USCIS is transferring the case to AAO as an appeal?
Also, will they issue another tracking number for the I-290B case, or will it be trackable by my previous 140 case number itself?

--Rox
 
linuxrox
you should have a new rcpt number for 290B .
(which says if you case is in the center or transferred to AAO..)
 
Hi guys

My I-140 is NIW based. It took AAO 10 months to come up with a decision.

good luck everyone
 
niwdoer, lcauser...one more question please..

what happened with your EAD,AP and 485..did you filed new petition after 140 approval, or they cleared the old 485..

and how USCIS sent you any confirmation about your 485 and EAD etc.
 
ucissucks,

The service center re-opened my I-485, EAD and AP petitions after the I-290B and I-140 approval. I did receive a new receipt notice for all the above petitions stating that they have reopened my petition.
 
a question about LCA document

hi gurus,
i am new to this forum. i was reading through this thread and saw the information that in case of a 140 rejection, one can file again for 140 with the approved LCA.

my employer faxed me a document, which looked like the labor application with a seal and signature in the official section of the page.
he told me that this is the approval of my labor certification.
if god forsake, my 140 gets rejected; can i apply for 140 using that faxed document ?

OR do i need to get some other document as proof of LCA ?

please advise me.

thanks in advance.
gcSeeker
 
look at my post in the page 5 of this thread:
http://boards.immigration.com/showthread.php?s=&threadid=93977&perpage=15&pagenumber=5

if it is ur original labour, unless it is a major problem with your firm and their paying capability, you should be fine!
And always remember, unless you are filing with the original labour, you might face problems!
And you will require signature on 140 forms from your company ..so unless they do it, you cant do anything!
 
What does NIR stand for?

What am I to do if AAO has not come up with any decission for 1.5 years and their 800 national number does not know anything?

The projected time for EB-3 category is 10 moths but nobody knows why my case takes longer ?????
 
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