I140 RFE, EAD & AP still on hold....
- Thread starter chongyip
- Start date
BTW UN, the update on EAD says "On July 13, after approving your case, we ordered you a new card. We will mailed you the card as soon as it is ready." Just want to make sure that I got approved....
Thank you, I'm make sure that our names are on the mail box.
Thanks!
Thank you, I'm make sure that our names are on the mail box.
Thanks!
Hi UN,
I have read most of your postings and it seems you really know the stuff. The RD for my I140 was 8/2003 but I have heard absolutely nothing since although I have took finger print in April (RD for 485 is 9/2003). I wonder if you have any comments to the following question? Thanks!
"I am currently working for company A, who filed I-140 and I-485 on my behalf. I got a offer from company B and I want to switch over before waiting for the approval of either 140 or 485 (I realized in the last 12 month I-140 moved only 1 day). While waiting for 140 and 485 approval I went abroad and come back with my AP. My understanding is if I continue working for company A, I can retain my H1-B status, but can I still keep my H1B status when I switch to company B? Since company B is willing to sponser my GC from very start, can I simply do a H1B transfer to work for company B under H1B status while waiting for LC and a new 140 and a new 485? Anyone knows how my usage of AP will affect the transfer process?"
I have read most of your postings and it seems you really know the stuff. The RD for my I140 was 8/2003 but I have heard absolutely nothing since although I have took finger print in April (RD for 485 is 9/2003). I wonder if you have any comments to the following question? Thanks!
"I am currently working for company A, who filed I-140 and I-485 on my behalf. I got a offer from company B and I want to switch over before waiting for the approval of either 140 or 485 (I realized in the last 12 month I-140 moved only 1 day). While waiting for 140 and 485 approval I went abroad and come back with my AP. My understanding is if I continue working for company A, I can retain my H1-B status, but can I still keep my H1B status when I switch to company B? Since company B is willing to sponser my GC from very start, can I simply do a H1B transfer to work for company B under H1B status while waiting for LC and a new 140 and a new 485? Anyone knows how my usage of AP will affect the transfer process?"
Question for UN
Hi, You perhaps remember-I have discussed my case details before and you've responded in other threads.. My first 140 (RD 8/19/03) denied while my H1 extension application was pending. We have subsequently appealed the decision and also concurrently re-filed (140/765 and 485)with CSC (based on a reputed lawyer's recommendation that I might get a faster result on the re-file than on the appeal).
I'm currently working on the basis of a 'pending' H1 extension - question is, it has been pending since first week of March'04 and as per published processing times (for H1 extensions), they have crossed that date a while ago and currently processing May'04 cases! Does this mean anything? Is there any risk in continuing to work on this status? On the whole, all of my INS matters are pending - the H1 extension, 140 appeal and newly filed (1.5 months ago) 140/765/485.. what is the best I can hope for or expect under the circumstances?
Hi, You perhaps remember-I have discussed my case details before and you've responded in other threads.. My first 140 (RD 8/19/03) denied while my H1 extension application was pending. We have subsequently appealed the decision and also concurrently re-filed (140/765 and 485)with CSC (based on a reputed lawyer's recommendation that I might get a faster result on the re-file than on the appeal).
I'm currently working on the basis of a 'pending' H1 extension - question is, it has been pending since first week of March'04 and as per published processing times (for H1 extensions), they have crossed that date a while ago and currently processing May'04 cases! Does this mean anything? Is there any risk in continuing to work on this status? On the whole, all of my INS matters are pending - the H1 extension, 140 appeal and newly filed (1.5 months ago) 140/765/485.. what is the best I can hope for or expect under the circumstances?
Re:
Hi, Thanks for your quick response. To clarify, I'm only worried about the H1 extension processing times going way past my receipt date.. and not the 485.
Your points sound very valid. But, it is kind of scary that my h1 extension case could be stuck due to some confusion over my second 140 filing/labor....My lawyer never brought up that angle.. infact, they did not even want to elaborate on the first denial in my second filing - just a statement that it was denied and was subsequently appealed. They could only submit a 'copy' of my labor cert on the re-file because the original is still with the old 140 (they mentioned that clearly on the re-file) - however, they never warned me of any risks due to 2 outstanding 140s for the same labor. Also, I didn't know that my pending H1 extension could get approved on the strength of the appeal alone..That played a big part in the re-file decision as well.
I'm kind of nervous to force the issue by switching to premium processing. What does a cast status enquiry do - does it make them take a look at the case or simply provide current satus as we see online?
Thanks for all your input.
Hi, Thanks for your quick response. To clarify, I'm only worried about the H1 extension processing times going way past my receipt date.. and not the 485.
Your points sound very valid. But, it is kind of scary that my h1 extension case could be stuck due to some confusion over my second 140 filing/labor....My lawyer never brought up that angle.. infact, they did not even want to elaborate on the first denial in my second filing - just a statement that it was denied and was subsequently appealed. They could only submit a 'copy' of my labor cert on the re-file because the original is still with the old 140 (they mentioned that clearly on the re-file) - however, they never warned me of any risks due to 2 outstanding 140s for the same labor. Also, I didn't know that my pending H1 extension could get approved on the strength of the appeal alone..That played a big part in the re-file decision as well.
I'm kind of nervous to force the issue by switching to premium processing. What does a cast status enquiry do - does it make them take a look at the case or simply provide current satus as we see online?
Thanks for all your input.
unitednations said:
RE: To United Nations
Hi,
Thankyou very much for all the research and ideas... Yes. One of the reasons in my denial was 'ability to pay' (the other 2 reasons were plain mistakes on INS part, whether deliberate or not we don't know - I'm pretty confident of overcoming these other reasons). As for 'ability to pay', I understand your strategies (I'm a Chartered Accountant but not a practising CPA in the US!), but the lawyer (very reputed individual/firm in the business) has addressed that issue in a very 'uncomplicated' way in the appeal - apparently, ability to pay is best demonstrated by the fact that one has been paid and no further evidence is needed. They have also cited a few cases to support that argument. Also, the way INS cited 'ability to pay' issue in my denial is twisted - I started working for the co. only in April'01 and only worked for 9 months for the first yr 2001 and therefore got paid for 9 months..They compared the 9 months salary with my annual salary and said that I got paid below the proferred wage!! how stupid is that? the co., happened to make a loss in 2001 - they combined the 2 and said co., incurred a loss and I was paid below the proferred wage - so there is an 'ability to pay' issue.. As per my lawyer, if I had only worked for the whole year (i.e., if I had joined in Jan instead of April) and had gotten paid for the whole year, loss or no loss, INS wouldn't have raised the issue.. In other words, some imbecile who can't do basic math to pro-rate the salary for 9 months adjudicated the case. or, he did know but still did it because they are more motivated to deny than approve (I believe, there is a culture of saying 'No' these days in INS) !!
On the 7th yr extension, the note you've pointed out sounds encouraging. I'm wondering if they are just holding off on my 7th yr extn case to see the outcome of the appeal?
Hi,
Thankyou very much for all the research and ideas... Yes. One of the reasons in my denial was 'ability to pay' (the other 2 reasons were plain mistakes on INS part, whether deliberate or not we don't know - I'm pretty confident of overcoming these other reasons). As for 'ability to pay', I understand your strategies (I'm a Chartered Accountant but not a practising CPA in the US!), but the lawyer (very reputed individual/firm in the business) has addressed that issue in a very 'uncomplicated' way in the appeal - apparently, ability to pay is best demonstrated by the fact that one has been paid and no further evidence is needed. They have also cited a few cases to support that argument. Also, the way INS cited 'ability to pay' issue in my denial is twisted - I started working for the co. only in April'01 and only worked for 9 months for the first yr 2001 and therefore got paid for 9 months..They compared the 9 months salary with my annual salary and said that I got paid below the proferred wage!! how stupid is that? the co., happened to make a loss in 2001 - they combined the 2 and said co., incurred a loss and I was paid below the proferred wage - so there is an 'ability to pay' issue.. As per my lawyer, if I had only worked for the whole year (i.e., if I had joined in Jan instead of April) and had gotten paid for the whole year, loss or no loss, INS wouldn't have raised the issue.. In other words, some imbecile who can't do basic math to pro-rate the salary for 9 months adjudicated the case. or, he did know but still did it because they are more motivated to deny than approve (I believe, there is a culture of saying 'No' these days in INS) !!
On the 7th yr extension, the note you've pointed out sounds encouraging. I'm wondering if they are just holding off on my 7th yr extn case to see the outcome of the appeal?
unitednations said:
Hi UnitedNations
Hi UnitedNations,
As you aware of I work for XXX company and YYY company filed I-140 and I-485. I have valid H-1 visa with XXX comapny till March 2006. I received I-140 RFE on YYY company ability to pay. Our attorney submiited RFE supports documents on June 7, 2004 and USCIS received on June 8, 2004. I have 10 years of experience in IT and my education qualification is bachelor degree from INDIA. Earlier posting I mentioned my wife suppose to join her residency she is waiting for EAD. My EAD and AP on HOLD waiting for I-140 approval. Local office did not issue iEAD due to hold on my case. It is similar to CHONGYIP if you recall. What is your suggestion. Shall I request Senator help me. Hospital management told they wait only till end of this month. Is it good idea to goto senator.
What is your opinion will USCIS approve my case still I haven't started to work for YYY company?
Thanks
Hi UnitedNations,
As you aware of I work for XXX company and YYY company filed I-140 and I-485. I have valid H-1 visa with XXX comapny till March 2006. I received I-140 RFE on YYY company ability to pay. Our attorney submiited RFE supports documents on June 7, 2004 and USCIS received on June 8, 2004. I have 10 years of experience in IT and my education qualification is bachelor degree from INDIA. Earlier posting I mentioned my wife suppose to join her residency she is waiting for EAD. My EAD and AP on HOLD waiting for I-140 approval. Local office did not issue iEAD due to hold on my case. It is similar to CHONGYIP if you recall. What is your suggestion. Shall I request Senator help me. Hospital management told they wait only till end of this month. Is it good idea to goto senator.
What is your opinion will USCIS approve my case still I haven't started to work for YYY company?
Thanks
UN,
I haven't heard anything about my I140. I remembered you said they approved your I140 then EAD and AP. Do you have any thoughts about my case? They approved EAD and AP but seems like I'm still in line with other people for I140, which may take another 6-9 months to process according to the posted processing time...
Thanks!
I haven't heard anything about my I140. I remembered you said they approved your I140 then EAD and AP. Do you have any thoughts about my case? They approved EAD and AP but seems like I'm still in line with other people for I140, which may take another 6-9 months to process according to the posted processing time...
Thanks!