I-140 scan (Project kashmir related small project)

I think these days they r not processing quickly, some of them are responded(RFE) on Jan 30th, still it is in pending....

Kenboo,
What reason they will denial for ur I-140 application. I think u submitted all ur company financial statements.

I hope u will hear good news very soon..... dont loss ur hope.....

If they denied on Feb, u should receive a letter from USCIS very quickly. So the immigration office has given wrong info to you.
 
lcauser

thank you for the info. I read your message at EB3 tracker also. Nobody (attorney, employer, myself) has received the notice yet. I wonder appeal is worth to do. My wild guess is the decision on company's ability to pay is hard to reverse unlike education evaluation. Do you remember if anyone in this forum appealed regarding company's ability to pay?

kenboo
 
kell

The CIS officer checked all the pending cases (I-140, I-485, I-765) and they are all denied. Since I have not received the notice of denial, I don't know the reason yet but it's most probably company's ability to pay. If the denial is false information that's good. Even if it's true that's still OK. Either way I will move forward to better life :D Thanks for your concern.

Kenboo
 
Kenboo,
Do u think, CIS is processing RFEs very quickly?
is ur company not paying salary which is mentioned on ur LC or in 140 application? r they reduced ur salary?

U mean if any company shows loss and even though they pay ur salary ( which was showed on ur LC), because of loss the 140 will be denied?

what possibiltes are they will denie 140 application.
 
hi kell,

they may or may not. It's hard to tell because of their random processing order. lcauser is a good example of super fast processing.

the salary stated on LC equals to level2 prevailing wage. the current pay is actually much lower than the prevailing wage. I think this triggered RFE of company's ability to pay.

In this economy situation not many companies are making profit. I don't think the loss in tax return directly results in denial. But in the case of my employer, the loss was too big (1/2 of capital in year 2002, and 1/3 of capital in year 2001)... so this can be a good reason of denial.

hope it helps.

kenboo
 
Kenboo,
Thanks for ur info.

I have one question is that, what is level2 prevailing wage?
can u please give example like LC stated 80K, but paying 60K.

Thanks again for ur information..............
 
HI Kenboo,

Thank u for all the wonderfull effort you put in for the community here.

Well Looks like I am sailing in the same boat. I have filed as I-140 and also there was a reduction in the pay in our company besides several rounds of layoff. Can you please tell us what was the strength of you company? Was it a startup and how much pay reduction was done....

Please it will help.

I got an RFE for the company financials and now I am concerned

Also looks like u did not get I-765 approval. Like me. Though the processing dates have moved..

Please share the details, if you can


thanx
Hello_am
 
Last edited by a moderator:
kenboo...

kenboo,

Sad to hear about your case. I wanted to say 'Thank You' for your contribution in this forum and wish you 'Good Luck' on your next steps.
 
Kell,

You and me are in the same situation. Same RFE, more or less same company size. At least your RFE has been responded.

Mine, my employer is still 'preparing' the documents. I am really fed up with my employer, with whome i am stuck for 3 years.
 
kell,

there're different prevailing wage publications that you can use in the LC and other forms. One of the source is employment statistics (OES) program. It determines Level I wage for entry level and Level II wage for 2 years or more experience.

hello_am

strength of my company is pretty weak. Almost dying. So it's reasonable that USCIS denied the case :D My company was quit OK until year 2000. They even planed to do IPO. They got big money from investors, and setup sister companies and branches following advisory of MBA consultant sent by the investors. In that way they could get more money from investors. It was stupid or insincer decision. None of the new companies was able to make profit, and most of them have been closed by now. The parent company (my employer) is still suffering from the bad move. That's the story of my company.

Anyway, RFE for company's ability to pay is quit common nowadays. So long as your company is not as bad as mine, I think you are OK. Sit back and relax :)


an_anonymous

thanks! I'm OK. I'm browsing monster.com and it looks pretty good comparying to a few years ago. There're more Real Time OS jobs that I want to go after. Good luck to your I-140, too!
 
Last edited by a moderator:
gcpend,
In that situation, my employer is littler better. He sent his documents very fast.

I dont think company size is not matter as soon as they pay correctly and filed tax returns promptly.

do u think company size is any problem? I will share you my status as soon as I get from INS.

Our RFE is striaght forward, mainly they asked DE-6 and 2003 returns. I hope we dont have any problems. my employer is paying promptly and what ever he showed on LC, he is paying same salary. but even me since 3 years no hike. Atleast he didn't reduce :). How about yours? I hope INS will process my RFE in this week and hear good news very soooooon.......

Best of luck urs too.
If you find any news please let me know. I think urs is also EB2. is it correct?
 
Kell,

Yes. Mine is EB2. My employer did not give me pay slip for Dec 2003 but the RFE requests that.

I think I can send Jan 2004 pay statement, which I have.

I don't know whether my employer filed 2003 tax return for which March 15th is the last date.

I am really fed up and stuck with a small employer doing all the non sense things

Keeping my fingers crossed and anxiously waiting. I will keep you posted on the developements.

Can you post the 'so called officer #' of yours that's specified in the RFE
 
sure. What about yours ('so called officer #')?

I will check with my employer and let you know tomorrow. Because I dont have handy. He read my RFE over the phone.

I sent my nov,dec,Jan04,Feb04 pay stubs and also sent 2003 w-2. My employer asked me send these to my lawyer, so that I sent more details to lawyer.

u also send feb04 paystubs, better give more info to INS, so that they wont issuse 2nd RFE. That is more strong than nothing......
 
re:

Guys. My labor says 80k but the company is paying me 70k right now. does it mean that there is a good chance that my I140 might get rejected. also i have lot of friends who were paid less than what was mentioned in the labor but they had no problems
 
re:

I just talked to a lawyer and here is what she said.

You might get 10-15 k less than what is mentioned on the labor or i140 but the company should have the ability to pay .that means the company should be sound financially to prove that they can pay the salary mentioned on the labor after the GC approval .
 
Kenboo,
Sorry to read about your I-140 denial.
Thanks for posting the stats!
We are looking for good real time embedded SW engineers, you may send me your resume as pm.
t3k
 
as of Mar 22

Code: 
WAC#(scans/tched%) --     Aprvd Dend/Wthd    Misc RFErecvd  RFEsent    Recvd
WAC03001( 50/ 98%) --  28( 56%)  2(  4%)  3(  6%) 14( 28%)  2(  4%)  1(  2%)
WAC03002( 42/ 90%) --  27( 64%)  2(  4%)  3(  7%)  6( 14%)  0(  0%)  4(  9%)
WAC03003( 60/ 95%) --  41( 68%)  0(  0%)  5(  8%) 10( 16%)  1(  1%)  3(  5%)
WAC03010( 32/ 96%) --  15( 46%)  1(  3%)  0(  0%)  9( 28%)  6( 18%)  1(  3%)
WAC03021( 38/ 97%) --  25( 65%)  0(  0%)  0(  0%) 10( 26%)  2(  5%)  1(  2%)
WAC03040( 33/ 93%) --  21( 63%)  0(  0%)  1(  3%)  7( 21%)  2(  6%)  2(  6%)
WAC03052(102/ 85%) --  44( 43%)  1(  1%)  1(  1%) 32( 31%)  9(  8%) 15( 14%)
WAC03060( 88/ 86%) --  38( 43%) 13( 14%)  1(  1%) 18( 20%)  6(  6%) 12( 13%)
WAC03082( 67/ 82%) --  28( 41%)  1(  1%)  7( 10%) 16( 23%)  3(  4%) 12( 17%)
WAC03089( 75/ 86%) --  37( 49%)  2(  2%)  1(  1%) 17( 22%)  8( 10%) 10( 13%)
WAC03095( 56/ 80%) --  26( 46%)  0(  0%)  0(  0%) 17( 30%)  2(  3%) 11( 19%)
WAC03108(  5/100%) --   4( 80%)  0(  0%)  0(  0%)  1( 20%)  0(  0%)  0(  0%)
WAC03120( 59/ 81%) --  25( 42%)  3(  5%)  1(  1%) 12( 20%)  7( 11%) 11( 18%)
WAC03125( 74/ 75%) --  31( 41%)  0(  0%)  4(  5%) 13( 17%)  8( 10%) 18( 24%)
WAC03134(  3/100%) --   1( 33%)  0(  0%)  0(  0%)  2( 66%)  0(  0%)  0(  0%)
WAC03136(  7/ 85%) --   2( 28%)  0(  0%)  1( 14%)  2( 28%)  1( 14%)  1( 14%)
WAC03140( 56/ 73%) --  21( 37%)  0(  0%)  0(  0%) 13( 23%)  7( 12%) 15( 26%)
WAC03145( 41/ 53%) --  10( 24%)  0(  0%)  1(  2%)  7( 17%)  4(  9%) 19( 46%)
WAC03150( 49/ 61%) --  15( 30%)  1(  2%)  2(  4%)  8( 16%)  4(  8%) 19( 38%)
WAC03155( 56/ 58%) --  18( 32%)  0(  0%)  2(  3%) 10( 17%)  3(  5%) 23( 41%)
WAC03157( 21/ 76%) --   9( 42%)  2(  9%)  0(  0%)  3( 14%)  2(  9%)  5( 23%)
WAC03158( 44/ 61%) --  13( 29%)  0(  0%)  0(  0%)  8( 18%)  6( 13%) 17( 38%)
WAC03160( 62/ 58%) --  11( 17%)  1(  1%)  0(  0%) 15( 24%)  9( 14%) 26( 41%)
WAC03165( 57/ 59%) --   7( 12%)  0(  0%)  1(  1%) 13( 22%) 13( 22%) 23( 40%)
WAC03169( 44/ 50%) --   4(  9%)  0(  0%)  0(  0%)  2(  4%) 16( 36%) 22( 50%)
WAC03170( 41/ 24%) --   4(  9%)  0(  0%)  0(  0%)  3(  7%)  3(  7%) 31( 75%)
WAC03180( 46/ 36%) --   8( 17%)  2(  4%)  1(  2%)  5( 10%)  1(  2%) 29( 63%)
WAC03181( 51/ 21%) --   5(  9%)  0(  0%)  0(  0%)  2(  3%)  4(  7%) 40( 78%)
WAC03190( 44/ 22%) --   6( 13%)  2(  4%)  0(  0%)  1(  2%)  1(  2%) 34( 77%)
WAC03215( 59/  8%) --   2(  3%)  0(  0%)  0(  0%)  3(  5%)  0(  0%) 54( 91%)
WAC03218( 30/  6%) --   1(  3%)  0(  0%)  0(  0%)  1(  3%)  0(  0%) 28( 93%)
WAC03236(  6/ 33%) --   1( 16%)  0(  0%)  0(  0%)  0(  0%)  1( 16%)  4( 66%)
WAC03238( 42/ 26%) --   3(  7%)  0(  0%)  0(  0%)  6( 14%)  2(  4%) 31( 73%)
WAC03248( 20/ 20%) --   2( 10%)  0(  0%)  0(  0%)  0(  0%)  2( 10%) 16( 80%)
 
< Mar 15
> Mar 22
Code: 
  WAC#(scans/tched%) --     Aprvd Dend/Wthd    Misc RFErecvd  RFEsent    Recvd
< WAC03060( 88/ 86%) --  38( 43%) 12( 13%)  0(  0%) 20( 22%)  6(  6%) 12( 13%)
> WAC03060( 88/ 86%) --  38( 43%) 13( 14%)  1(  1%) 18( 20%)  6(  6%) 12( 13%)

< WAC03082( 67/ 82%) --  27( 40%)  1(  1%)  7( 10%) 17( 25%)  3(  4%) 12( 17%)
> WAC03082( 67/ 82%) --  28( 41%)  1(  1%)  7( 10%) 16( 23%)  3(  4%) 12( 17%)

< WAC03140( 56/ 73%) --  21( 37%)  0(  0%)  0(  0%) 14( 25%)  6( 10%) 15( 26%)
> WAC03140( 56/ 73%) --  21( 37%)  0(  0%)  0(  0%) 13( 23%)  7( 12%) 15( 26%)

< WAC03145( 41/ 53%) --  10( 24%)  0(  0%)  0(  0%)  7( 17%)  5( 12%) 19( 46%)
> WAC03145( 41/ 53%) --  10( 24%)  0(  0%)  1(  2%)  7( 17%)  4(  9%) 19( 46%)

< WAC03155( 56/ 57%) --  18( 32%)  0(  0%)  2(  3%)  9( 16%)  3(  5%) 24( 42%)
> WAC03155( 56/ 58%) --  18( 32%)  0(  0%)  2(  3%) 10( 17%)  3(  5%) 23( 41%)

< WAC03157( 21/ 76%) --   8( 38%)  2(  9%)  0(  0%)  3( 14%)  3( 14%)  5( 23%)
> WAC03157( 21/ 76%) --   9( 42%)  2(  9%)  0(  0%)  3( 14%)  2(  9%)  5( 23%)

< WAC03158( 44/ 61%) --  12( 27%)  0(  0%)  0(  0%)  9( 20%)  6( 13%) 17( 38%)
> WAC03158( 44/ 61%) --  13( 29%)  0(  0%)  0(  0%)  8( 18%)  6( 13%) 17( 38%)

< WAC03160( 62/ 58%) --  11( 17%)  0(  0%)  0(  0%) 16( 25%)  9( 14%) 26( 41%)
> WAC03160( 62/ 58%) --  11( 17%)  1(  1%)  0(  0%) 15( 24%)  9( 14%) 26( 41%)

< WAC03165( 57/ 59%) --   4(  7%)  0(  0%)  0(  0%) 10( 17%) 20( 35%) 23( 40%)
> WAC03165( 57/ 59%) --   7( 12%)  0(  0%)  1(  1%) 13( 22%) 13( 22%) 23( 40%)

< WAC03169( 44/ 43%) --   4(  9%)  0(  0%)  0(  0%)  1(  2%) 14( 31%) 25( 56%)
> WAC03169( 44/ 50%) --   4(  9%)  0(  0%)  0(  0%)  2(  4%) 16( 36%) 22( 50%)

< WAC03180( 46/ 36%) --   7( 15%)  2(  4%)  1(  2%)  3(  6%)  4(  8%) 29( 63%)
> WAC03180( 46/ 36%) --   8( 17%)  2(  4%)  1(  2%)  5( 10%)  1(  2%) 29( 63%)

< WAC03190( 44/ 20%) --   5( 11%)  1(  2%)  0(  0%)  1(  2%)  2(  4%) 35( 79%)
> WAC03190( 44/ 22%) --   6( 13%)  2(  4%)  0(  0%)  1(  2%)  1(  2%) 34( 77%)

< WAC03238( 42/ 26%) --   3(  7%)  0(  0%)  0(  0%)  4(  9%)  4(  9%) 31( 73%)
> WAC03238( 42/ 26%) --   3(  7%)  0(  0%)  0(  0%)  6( 14%)  2(  4%) 31( 73%)
 
Show must go on...

Is there any one ready to continue on Kenboo's thread?
I don't know how to automatically scan the database, so if someone does and is ready to take on the task...
t3k
 
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