I 140 Rfe

H

harru

Registered Users (C)
Case Info EB2 CP
ND: 09/19/2003

Checked my case status online on July 20 and got this meesage.
"On July 20, 2004, we mailed a notice requesting additional evidence or
information in this case. The notice explains in detail what additional
material is needed. If you have questions about the notice, what is
required, or if 14 days have passed and you have not received the notice,
please call the National Customer Service Center at (800) 375-5283."

Does anyone had the same experience, what is the additional evidence they normally ask for?
Also once all the requested information is supplied to BCIS how much time it takes to complete the processing?

I called the BCIS customer service number and ask for the details of what is in this RFE, they say for that you have to wait for the letter.
Also asked what happens to my case in the meantime, they say they put the case on hold till they receive the required information and after receiving the
information start working on it again. So as per that I sounds like they should not take much time.

Still waiting for the letter to be received by my lawyer.

Looks like TSC is moving now a days.
Harru.
 
Hello,

Is your 140 based on a Labor Certification (LC)?

If yes, usually there are two kinds of REFs. One is based on company ability to pay. The other is based on your own qualifications (education or experience).

If you are in a big company, it is more likely that it is the second type of REF. Could you please share what your education level is? And what was stated on the ETA 750 form, Column 14 and 15?

If you could provide more information, I can probably give you a good guess of what the REF is. It may take 1 to 2 weeks before you receive the REF.
 
Is your 140 based on a Labor Certification (LC)?

Yes, it is.

If yes, usually there are two kinds of REFs. One is based on company
ability to pay. The other is based on your own qualifications
(education or experience).

If you are in a big company, it is more likely that it is the second
type of REF. Could you please share what your education level is? And
what was stated on the ETA 750 form, Column 14 and 15?


Mine is a small company and I do not remenber exactly what is in column 14 and 15 in form ETA 750.
But in education they put 16 years with a bachelors degree in engineering /science .
I am an engineering graduate. For experience they put 5 years and I had more than 5 years of experience before I applied for my EB2 labour.

So looks like its would be more related to the company's ability to pay.
Lets wait for the letter .

If you could provide more information, I can probably give you a good
guess of what the REF is. It may take 1 to 2 weeks before you receive
the REF.
 
rf 140-NIW

Case Info EB2 NIW
ND: 01/20/2003

i am in the same boat

Checked my case status online on July 08 and got this meesage.

"On July 08, 2004, we mailed a notice requesting additional evidence or
information in this case. The notice explains in detail what additional
material is needed. If you have questions about the notice, what is
required, or if 14 days have passed and you have not received the notice,
please call the National Customer Service Center at (800) 375-5283."

I recived fax message from BCIS, that rf is very broad.

thanks
 
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Thanks for reply.

Wanted to ask you something :
How did you get the fax message from BCIS ?
Dont you have the actual letter from BCIS even after 2 weeks?

Can you explain what do you mean by 'rf is very broad'.

Thanks,
 
harru

NIW-2003's case is NIW, which is VERY different from your EB2 application based on Labor Certification. These two are basically two totally different things.

Is your engineering degree a 3-year bachelor's degree? I heard that in other service centers (especially Nebraska) many people had a hard time with a three-year bachelor's degree, but I never (or to the best that I can remember) heard similar things happening in TSC. But who knows? If you have a 3-year Bachelor's degree, it may trigger the REF.

Another thing is that did you submit enough expereince verification letters to prove your 5 years experience? Lack of expereince letter or ill-formated experience letter may also trigger REF.

REF regarding company ability to pay is usually easy to attack... If it is about company ability to pay, then don't worry...
 
Can you explain what do you mean by 'rf is very broad'.

FAX MESSAGE:

my 140 is NIW(advance degree PHD)



The following evidence is needed to prove eligibility for section 203B NIW preference.

1). please submit evidence that the applicant seeks employment in the an area of substantial intinsic merit.

2).please submit evidence to establish how the benefit you are to import to united states will genuinely be on national scale.

3). Please submit evidence to persuasively establish that the national interest would be adversely affected if an employer required to obtain laborcertification from the us department of labor.would a Us worker withnthe same minimum qualifications be able to perform the same occupation and serve the national interest to a similer degree. how will you serve the national interest to a substantially greater degree that other individuals in your field?


This is the orginol message and if any body have the same experiance please give me some information.

thanks
 
harru,
Is your EB2 based on Bachelors and 5 years progressively reponsible exp or masters.

Thanks.
 
My EB2 is based on the 4 years bachelor degree and 5 years of progressive work experience.
I have a 4 years engineering degree and I did submitted all the experience letters for the 5 years .
So looks like this RFE will be more related to the employers ability to pay. Lets wait for the letter. I am going to call attorneys office to check about this .(Hopefully they should have received this, tomorrow its going to be a week since BCIS issues RFE).
Thanks and hope for the best.
Harru.
 
Wow!!! your case is exactly similar to mine even the application timeframe is close to mine. Please do share your RFE and also let us know if you need any information, may be I can get it from my attorney.
 
harru
You will be ok. I think the Ref will be about the ability to pay. You will be get approval soon.
I am in the same time frame 10/02/2003. DB-2 (db-3? I don't know, but is LC).
Please let us know the detail when you get the Letter.
Btw, did you file 485 concurently? I hope you will get you 485 approvl the same time.
Best wish to you.
 
Hello All,
Today I got the the details about this. This RFE is for company ability to pay . They want company to send :

*2001-2003 tax return .
*Statement on companys letterhead detailing the proposed employment of the beneficiary.

I have filed my I 140 with CP option.
By the time BCIS receives the reply I think it would be another 2 weeks.

Lets hope for the best guys.
Bye.
 
Hello All,
My employer has sent all the documents to the attorneys.
There is issue there. For 2001 they are showing a net loss in their tax returns . I joined my employer in aug 2001.

Now attorneys are asking some kind of statement from the cpa .

Has anyone encountered the same situation. Pl. share.

Thanks
 
I140Ref-Employes ability to pay

Hello All,
Here is the situation. My employer gave the 2001,2002,2003 tax returns and I submitted my W2 for those year. I joined my employer in aug2001 so obviously i got paid less than the annual salary.

In employers 2001 tax return they showed some loss.
Now attorneys says that as in year 2001 you were paid less than what is showed in Labour cert(but the fact is I was paid for 51/2 months as I joined in aug , on a prorated basis I was paid more than the salary specified in labour cert) your employer need to submit a letter of explanation from the CPA that the 2001 tax return was calculated on an accrual basis.

My company consulted the CPA and he is against giving this document.

My question is: If on a prorated basis I am paid more than what is in the labour cert in year 2001 then that itself shows clearly that the employer has ability to pay.

By the way BCIS asked for these things:

1.employes tax returns for 2001,2002,2003
2.Letter from employer stating that they will support the salary.

Any ideas , suggestion as I want to reply to bcis soon.
 
harru
what is your LC detail? when you filed the LC?
I am not sure I am right. But I have the following info for your reference.

About the Ability to pay in 2001.

the Employer should pay you: Salary_should_pay=number_of_days_from_the_proirity_date(this is the date your filed your LC)_to_12/31/2001 * (proferred wage on the LC)/365
the salary you received in 2001: Salary_paid= salary paid on your 2001's w2

if (1) Salary_should_pay <=Salary_paid, then , your company has the ability to pay in the 2001,you are ok in 2001.

else (2)Salary_should_pay >Salary_paid then it must be decided by the net income in 2001 or the assets, and liabilities
your net income <=0 (loss), so
(3) if (assets-liabilities)+Salary_paid>=Salary_should_pay,
then , your company has the ability to pay in the 2001, you are ok in 2001.

In the (1) and (3) case, your company has the ability to pay in the 2001, you are ok in 2001, the same thing to the 2002 and 2003 and 2004 year.



you can go to here to get more info:
http://boards.immigration.com/showthread.php?t=137088
unitednations has a very useful information about your issues there.

If you do not mind, would you plese share more information about your case with me? I am has the same problem as yours.

Thanks and hope you are all the best.
 
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Q for Harru

Hi Harru,

I just got RFE on my case. Im still waiting for the actual letter details. What happened to your case. Did USCIS updated their oline message after receving the response. Please let me know, as our case is very much similar.

Thanks.
 
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