I-140 RFE Discussions

novice72,

My W2 was also 'kinda' lower than the LC, but I got the approval. By 'kinda' I mean my LC stated salary of $48 / hour. But my actual salary on W2 was much less than that (I guess if you take $ 48 /hour for 40 hours / week job, for a year it comes close to $100 K, my annual salary was much les than that).

All the best,
sertra2002
 
Hi sertra2002,
Thanks for the reply. It raises hopes for people like me. My W -2 is also low kinda 50% less. Our company size is 30 - 40 people. I am not sure how much profit they made.

MY w-2 for 2002 from previous employer was very good. I am not sure whethet that helps.
If you don't mind can you explain more about your case like how big is your company, profits, w-2 difference etc.
Appreciate your inputs

Thanks,
novice72
 
novice72,

Mine is a company with around 90 employees. My company financilas are very strong. They have had good profits in last 2-3 years. My personal W2 last year was about 20-25% les than labor.

This has been stated many times, that you should be OK even if W2 is less than labor figure. The reason being that GC job, is a future job. So as long as the 'intention' is there to pay the statedd salary, AFTER GC APPROVAL, it is OK. Now it is simply impossible to confirm what is going to happen in future, so that is why RFE's ask for companies finaicial abaility to pay. This to make sure they will be able to pay the salary, once GC is approved.

I think, you and others like you and me, need not worry much as long as company can prove they do have this ability to pay the wages offered once GC is apptroved. As long you have pay slips to prove you are getting reasonable salary you will be fine.

Hope this allays some of your fears. These are my personal views. I may be wrong.

Please let me know if you have any other questions.

sertra2002
 
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I am not sure about RFE on I-140 or 485. I know we have to reply within 90 days for H1b RFEs. Must be same for others also.
 
Re: I-140 RFE

I have asked the same question before and some one answered that it is 90 days.

Originally posted by horatio
Does anyone know within how much time we need to reply to an I-140 RFE?
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140 - subsitution labor

I'm about to file I140/485 concurrently with NSC - future employment based using substitution labor. The LC calls for MS Degree in Computers OR Computer Applications OR Computer Science...(does not have the words 'OR Equivalent)

I have a Master's degree in a different field but based on my 12 year experience, an accredited evaluation agency has certified me to have the US equivalent of "Masters Degree in Management Information Syustems (Computer Related Degree)"..

I'm new to the NSC thread..Will this substitution work?Is Nebraska svc center very particular about every word matching with LC? Can you please post your opinions/experiences?

Thanks
 
Hi Popsy,

I do forsee a problem with your LC. NCS is one center that is the MOST picky in this case, unfortunatly. Please tread very carefully and discuss with your lawyer (and hope he is well versed himself) how to correctly match the LC job with your qualifications.

All the best,

sertra2002
 
RFE & 7th yr, Naanshi and seniors plz help!

Hi,

I got 2 RFEs

1. My employer's audited financial statements and bank statements. (My employers assured me this will be taken care of)

2. My education is 3yrs Bachelor's degree in comp. sc.(From india) + 3 months of cetificates. My lawyer has mentioned 4 years in ETA750A. The RFE says that I should have 4 years of Bachelors as mentioned in my Labor. Also my lawyer has just mentioned 2 years of experience in Item #14. I have a total of 8 yrs of IT experince (My lawyer is doesn't cooperate too well and is a knucklehead).

As part of backup plan, I need to get a 7th year extension (Assuming my 140 is denied, very optimistic eh!). For that I will have to apply for a new Labor (I will also apeal if my 140 is denied). Am I right? Now, my 6th year H1 expires on 12th Feb 2005. During my six years I was out of US 3 times for a total of 75 days. In order to get 7th year extension one should apply for Labor 365 days before.

My question is that, if I apply for a new labor before the 10th of May, can I recapture my 75 days counting from February 12th 2005 till 10th may? I may have to go out of the country for another 15-20 days in order to make up for 365 days period. Can some one guide me if this is the right move?

Also I would like to ask the board members if there is a particular way in which these RFEs can be answered so that BCIS will clear my present I-140. I have applied from Nebraska.

Thanks-
 
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Thanks a lot unitednations for your reply. Do let me know from your friend about the recapture of out of country days.

Just wanted to mention that in my labor item #14 my lawyer had mentioned 4 years and "BSc or Foreign Degree Equivalent". But I have a 3 years degree in comp. sc. from india + 3 months of courses + 8 yrs IT experience. Isn't there a way whereby some education evaluation agency which can prove that it really is equivalent to US 4 yrs BS degree? Do you know of any good evaluation agency which can prove that?

Thanks-
 
Unitednations

Is it possible to have a 3 year degree evaluated to be equivalent to a us degree?
I guess I am confused. Can you shed some light

Thks

Originally posted by unitednations
My friend (co-worker) is out today so I'll have to get the details from him tomorrow.

Did you re-approach your evaluator to see if they can evaluate your three year degree as equivalent to a u.s. degree.

Try to use trustforte. They are located in NYC.
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