I 140: NSC Consolidated XL Tracker
- Thread starter rp1975
- Start date
I think his concern could be that he could file for an extension based on approved labor. I am not sure if that would be jeopardized by an RFE on I-140.
Genius,
your case seems very closed to be processed anyway... I would go for premium... but obvioulsy get your lawyer's opinion...
Genius,
your case seems very closed to be processed anyway... I would go for premium... but obvioulsy get your lawyer's opinion...
bartolo5 said:
I will be in dead Lock very soon.
Hey folks,
My 6 year visa is getting over on September 16th and my 140 is still pending. My labour is applied in Feb 2006 so I cant ask for a year extention since the labour is not one year old. I was hoping to get my 140 approved before this dead lock so that I can get 3 years extension, but NSC never gives that happiness to anyones hope. Any ways I am disucssing with my lawyer on options to try to capture the days I was out of this country. Any thoughts would be appreciated
Hey folks,
My 6 year visa is getting over on September 16th and my 140 is still pending. My labour is applied in Feb 2006 so I cant ask for a year extention since the labour is not one year old. I was hoping to get my 140 approved before this dead lock so that I can get 3 years extension, but NSC never gives that happiness to anyones hope. Any ways I am disucssing with my lawyer on options to try to capture the days I was out of this country. Any thoughts would be appreciated
bigbang2001
Registered Users (C)
Recapturing days outside U.S is the best option for you.
Some people also exit country and comeback before expiry to add that time to their extension. Since 16th is close by it may not be an option for you.
You can also convert to EB-3 and file for premium. Someone at Murthy's forum been suggesting that.
Some people also exit country and comeback before expiry to add that time to their extension. Since 16th is close by it may not be an option for you.
You can also convert to EB-3 and file for premium. Someone at Murthy's forum been suggesting that.
bluez25 said:
bluez25 said:
--Explore the option of applying new I-140 in EB3 with PREMIUM PROCESSING option. This started on August 28th. Try it now. You may get an approval before september 16th. Even if it is delayed by few days. Capturing 'out-of-country' days should compensate to keep you in status.
There is no need to convert your pending EB2 to EB3. I dont think there is any such option either. Anyways, you can file multiple I-140s but use only with I-485 petition.This way, you can keep your existing EB2 I-40 case going its own course.
Good luck.
Updated Tracker
Here is the updated tracker.
Please provide the following information to be included:
LC State:
LC Category (EB1/EB2/EB3):
LC PD:
I-140 FD:
I-140 RD:
I-140 LUD:
I-140 Receipt# : Just give first 8 characters (like LIN-06-137-xxxxx)
I-140 AD (If any):
Concurrent filing (Yes/No):
Thanks.
Here is the updated tracker.
Please provide the following information to be included:
LC State:
LC Category (EB1/EB2/EB3):
LC PD:
I-140 FD:
I-140 RD:
I-140 LUD:
I-140 Receipt# : Just give first 8 characters (like LIN-06-137-xxxxx)
I-140 AD (If any):
Concurrent filing (Yes/No):
Thanks.
I140 Rfe: A2p
Hello All,
1.) CIS has asked for my 2005 W-2.
My company was carved out from the parent company in 2004, and somehow due to pay-roll's extended laziness the old company name showed up on my 2005 W-2. However, my last pay stub of 2005 shows new company name along with the same gross income as W-2. FYI, My labor was filed under perm and under the new company name.
Now, what should I do to explain this discrepancy ? My HR is saying that issuing a new W-2 with correct company name is not an option since it will involve lots of efforts.
2.) Also, CIS has asked the company "You must submit additional evidence that you had the financial ability to pay the offered wages as of the PD and continue to have such ability. Such evidence must include your latest annual report, your 2005 tax returns, or audited financial statements."
Based on the above statements, do you guys think that CIS is asking either to 1.) provide annual report and tax returns OR 2.) audited financial statements.
OR they want the annual report along with the audited financial statments too.
My company is planning to submit only the audited financial statements. Would that be sufficient?
Thanks
Hello All,
1.) CIS has asked for my 2005 W-2.
My company was carved out from the parent company in 2004, and somehow due to pay-roll's extended laziness the old company name showed up on my 2005 W-2. However, my last pay stub of 2005 shows new company name along with the same gross income as W-2. FYI, My labor was filed under perm and under the new company name.
Now, what should I do to explain this discrepancy ? My HR is saying that issuing a new W-2 with correct company name is not an option since it will involve lots of efforts.
2.) Also, CIS has asked the company "You must submit additional evidence that you had the financial ability to pay the offered wages as of the PD and continue to have such ability. Such evidence must include your latest annual report, your 2005 tax returns, or audited financial statements."
Based on the above statements, do you guys think that CIS is asking either to 1.) provide annual report and tax returns OR 2.) audited financial statements.
OR they want the annual report along with the audited financial statments too.
My company is planning to submit only the audited financial statements. Would that be sufficient?
Thanks
pururwa said:
is this your 2nd RFE or same one you got before. as for ability to pay i also recieved the same along with evaluations.
my lawyer is planning to file last 3 years annual report with point that company has suffcient assets to to pay my determine wage. you can file tax return only if company is profitable, however if company is in loss then you better go with assets.
as of w2 you HR can write a letter explaining the transition of 2 companies , i am sure that should be fine.
by the way annual report always has audited financials , you just have to point them out.
Thanks Go0dfella
So, are the assets mentioned on the annual report ? And how do you prove that the comany can pay based on the assets?
My company has positive EBITDA (earnings before interest, taxes, depreciation and amortization) for the past 2 years. I am not sure if this EBITDA is sufficient or the company should be making real good profits in order to satisfy A2P.
This is the same RFE, (God, I don't want no more RFEs).go0dfella said:
So, are the assets mentioned on the annual report ? And how do you prove that the comany can pay based on the assets?
My company has positive EBITDA (earnings before interest, taxes, depreciation and amortization) for the past 2 years. I am not sure if this EBITDA is sufficient or the company should be making real good profits in order to satisfy A2P.
pururwa said:
yeah assets are in annual report. basically you can go through your annual report and find balance sheet or financials. first thing you will see there are company's cash and assets.make sure you point that out .
there are basically 3 point to prove ability to pay.
1: profit should be more more that pravailing wage
2: asset should be more than prevailing wage
3: emploee is on payroll and has been getting salary more or equivalent to prevailing wage.
most people go with 2nd point . if company is in loss then don't send tax return .
good luck
Indianavictim
Registered Users (C)
Please include my PERM based case for this NSC tracker. Also any advice appreciated for my case.
PERM PD 3/2006, AD 4/2006
Concurrent 140/485 filed at NSC( 5/22/06) went to TSC, but they tranfer it back to NSC on 8/11/06
Perm based 140 approve from TSC 6/28/2006.
Guys I am in NSC jurisdiction now on 8/11/06 this message appears on our 485.
any advice, also I am not very familiar with tracker please include me in this tracker.
Receipt Number: SRC061XXXXXXX
Application Type: I485, Application to Register Permanent Residence or to Adjust Status
Current Status:
On August 11, 2006, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to an office in LINCOLN, NE for processing. Our office in LINCOLN, NE will send you a written decision as soon as processing is complete. You should receive a notice informing you that your case has been transferred to a local office.
PERM PD 3/2006, AD 4/2006
Concurrent 140/485 filed at NSC( 5/22/06) went to TSC, but they tranfer it back to NSC on 8/11/06
Perm based 140 approve from TSC 6/28/2006.
Guys I am in NSC jurisdiction now on 8/11/06 this message appears on our 485.
any advice, also I am not very familiar with tracker please include me in this tracker.
Receipt Number: SRC061XXXXXXX
Application Type: I485, Application to Register Permanent Residence or to Adjust Status
Current Status:
On August 11, 2006, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to an office in LINCOLN, NE for processing. Our office in LINCOLN, NE will send you a written decision as soon as processing is complete. You should receive a notice informing you that your case has been transferred to a local office.
nick_aus2002
Registered Users (C)
Ported PD - should I apply or wait till I-140 is approved
Gurus - Please help me with my question.
My approved BEC EB3 PD is October 2002. My approved PERM EB2 PD is April 2006. This is done to user old PD for EB2 I-485 filing (ported PD).
My I-140 for EB3 RD is June 2006 at NSC and lawyers are to upgrade to Premium Processing for I-140 approval.
Question:
I come under India immigration quota (and EB2 is currently unavailable). Once my first EB3 I-140 is approved; should I apply for the second EB2 I-140 (to catch the ported October 2002 PD). Or wait till mid-October for USCIS to release new visa numbers and file I-140 and I-485 concurrently.
Also would I be able to apply for I-485 when the quota number is available if I did not concurrently file while the second EB2 I-140 is pending approval. Does AP, EAD etc get affected?
Any help would be great.
Gurus - Please help me with my question.
My approved BEC EB3 PD is October 2002. My approved PERM EB2 PD is April 2006. This is done to user old PD for EB2 I-485 filing (ported PD).
My I-140 for EB3 RD is June 2006 at NSC and lawyers are to upgrade to Premium Processing for I-140 approval.
Question:
I come under India immigration quota (and EB2 is currently unavailable). Once my first EB3 I-140 is approved; should I apply for the second EB2 I-140 (to catch the ported October 2002 PD). Or wait till mid-October for USCIS to release new visa numbers and file I-140 and I-485 concurrently.
Also would I be able to apply for I-485 when the quota number is available if I did not concurrently file while the second EB2 I-140 is pending approval. Does AP, EAD etc get affected?
Any help would be great.