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I140 RFE, EAD & AP still on hold....
- Thread starter chongyip
- Start date
goodluck_140
Registered Users (C)
UN,
Its been a long time. How are you doing my friend?
As you know my case, I have my I-140 approved and yet to apply for I-485. My 6 year visa period will be over in few months. I am still in dilemma whether to extend my H1 or get EAD and continue to work on EAD. H1 extension appears to be expensive(around $1500 for H1 and H4). What do you suggest me?
My case is very different from others. Becuase mine is not concurrent. Do you think there is still lot of chances for denial during I-485 stage in my case? After going thru this forum, I have found out that there could be RFEs for EVL, Pay Stubs, medical etc during the I-485 process. These are pretty easy to respond. Will there be any complicated RFE during I-485 process when I-140 is already approved?
Can I take the risk of continuing on EAD after my H1 expires?
Your help is highly appreciated.
Thanks,
Its been a long time. How are you doing my friend?
As you know my case, I have my I-140 approved and yet to apply for I-485. My 6 year visa period will be over in few months. I am still in dilemma whether to extend my H1 or get EAD and continue to work on EAD. H1 extension appears to be expensive(around $1500 for H1 and H4). What do you suggest me?
My case is very different from others. Becuase mine is not concurrent. Do you think there is still lot of chances for denial during I-485 stage in my case? After going thru this forum, I have found out that there could be RFEs for EVL, Pay Stubs, medical etc during the I-485 process. These are pretty easy to respond. Will there be any complicated RFE during I-485 process when I-140 is already approved?
Can I take the risk of continuing on EAD after my H1 expires?
Your help is highly appreciated.
Thanks,
goodluck_140
Registered Users (C)
UN,
Thanks,
You made a good point. I will wait for few more months and see if I get my EAD atleast one month before my H1 expires. If not, then I will apply for my H1 extension. That way, i don't have to be in bench and be on H1 status. Definitely, It would be profitable to apply for H1 extn. than being in the bench. I thought I would be getting EAD pretty fast(in 2 to 3 months).
Thanks,
You made a good point. I will wait for few more months and see if I get my EAD atleast one month before my H1 expires. If not, then I will apply for my H1 extension. That way, i don't have to be in bench and be on H1 status. Definitely, It would be profitable to apply for H1 extn. than being in the bench. I thought I would be getting EAD pretty fast(in 2 to 3 months).
Hi UnitedNations,
Today I received email from FBI.
This is in reference to your facsimile dated June 18, 2004, concerning your immigration status. We received a request from the U.S. Citizenship and Immigration Services for you on March 17, 2004, and it is currently pending. I am sorry we are unable to be of more assisatance at this time.
What is it mean. Do you have any idea why it is pending. What should I do now.
Thanks
Today I received email from FBI.
This is in reference to your facsimile dated June 18, 2004, concerning your immigration status. We received a request from the U.S. Citizenship and Immigration Services for you on March 17, 2004, and it is currently pending. I am sorry we are unable to be of more assisatance at this time.
What is it mean. Do you have any idea why it is pending. What should I do now.
Thanks
I read some of the forum to check name check results with FBI. I just faxed the information. They cleared my wife name check and it back to USCIS next day. I mean on March 18, 2004. I never commited any crime in my life. SO I no need to worry about it. I'll try to call them tomorrow. DO you know what number I should contact them.
Thanks
Thanks
I called FBI Today
Hi UnitedNations,
I called David Hardy (202-324-3000) her secretery picked the phone and told me she can't to do anything. She given me another number to call and speak to the persons in that department. It always goto voice message. It says they will return the call within 48 hours. I wrote a letter explaining my condition and requesting to process my case faster. I sent to Mr. Garrity and David Hardy. Hope they consider my case. Lets see.
Thanks
Hi UnitedNations,
I called David Hardy (202-324-3000) her secretery picked the phone and told me she can't to do anything. She given me another number to call and speak to the persons in that department. It always goto voice message. It says they will return the call within 48 hours. I wrote a letter explaining my condition and requesting to process my case faster. I sent to Mr. Garrity and David Hardy. Hope they consider my case. Lets see.
Thanks
June 8, 2004 I faxed an enquiry for my name check and my wife name check. My wife name check is cleared. But for me they sent saying "This is in reference to your facsimile dated June 18, 2004, concerning your immigration status. We received a request from the U.S. Citizenship and Immigration Services for you on March 17, 2004, and it is currently pending. I am sorry we are unable to be of more assisatance at this time."
Company Unwilling to Provide Financial Statement
Hello all,
I've been following this forum for quite some time now. I have an issue here and was wondewring if anybody has the same experience to share:
My company is a mid size company, about 60 people. When i filed for my I-140, the company refuse to provide financial documents because it is a private company and they don't share financial information with regular employee (only if you are a shareholder (profit sharing)/ board of directors). Furthermore, they have a lot of government related projects which they somewhat felt uncomfortable revealing all the information. Instead of providing a financial statement, the CEO wrote a letter of assurance stating the company revenue and number of employee. CEO even emphasize that company has been around for 80+ years and do a lot of government projects and that they can afford to and will continue to pay me the prevailing wage for the duration of my employment. My lawyer submitted the letter of assurance and company brochure that talks about company history and types of projects company dealt with for the past 80 yrs, and in addition to that, he also submitted my W2 for the past 3 years, and 3 different paystubs for the last 3 years (one for each year), which indicate i was paid the prevailing wage.
My questions are:
1. Has anyone ever ran into similar problems before? If so, can you please share your experience?
2. What are the chances that my I-140 will be approved since i did not provide financial statements? Will all those other documents sufficient as evidence that my company is able to pay me?
I will really appreciate any help/ feedback from any experts out there or anyone with similar experience. Thanks in advance.
Hello all,
I've been following this forum for quite some time now. I have an issue here and was wondewring if anybody has the same experience to share:
My company is a mid size company, about 60 people. When i filed for my I-140, the company refuse to provide financial documents because it is a private company and they don't share financial information with regular employee (only if you are a shareholder (profit sharing)/ board of directors). Furthermore, they have a lot of government related projects which they somewhat felt uncomfortable revealing all the information. Instead of providing a financial statement, the CEO wrote a letter of assurance stating the company revenue and number of employee. CEO even emphasize that company has been around for 80+ years and do a lot of government projects and that they can afford to and will continue to pay me the prevailing wage for the duration of my employment. My lawyer submitted the letter of assurance and company brochure that talks about company history and types of projects company dealt with for the past 80 yrs, and in addition to that, he also submitted my W2 for the past 3 years, and 3 different paystubs for the last 3 years (one for each year), which indicate i was paid the prevailing wage.
My questions are:
1. Has anyone ever ran into similar problems before? If so, can you please share your experience?
2. What are the chances that my I-140 will be approved since i did not provide financial statements? Will all those other documents sufficient as evidence that my company is able to pay me?
I will really appreciate any help/ feedback from any experts out there or anyone with similar experience. Thanks in advance.
Duniaku,
I don't know alot about I140 but I think if the company has less than 100 employees it needs to provide finanacial statement. I worked for a hopspital which has more than 1000 employees and I got RFE for my I140 for ability to pay. They need a letter from CFO not "CEO" to report on company's financial status. Unitednations should be able to help you......
I don't know alot about I140 but I think if the company has less than 100 employees it needs to provide finanacial statement. I worked for a hopspital which has more than 1000 employees and I got RFE for my I140 for ability to pay. They need a letter from CFO not "CEO" to report on company's financial status. Unitednations should be able to help you......
Semi-conc'nt 04
Registered Users (C)
Hello UN,
I am new to this Forum, and thought of asking you if I can expect approval by the year-end for my "semi-concurrent" case. My details are as under:
Category: EB2
PD (Labor): July 3, '02
I-140 RD: Jan. 20, '04
I-485 RD: June 15, '04
FP: July 22, '04
EAD/AP AD: July 15, '04
I would appreciate if you could advise if I should (yet) contact the FBI for Name check, and FP clearance. If not, how long should I wait? Thanks very much, for your time!
I am new to this Forum, and thought of asking you if I can expect approval by the year-end for my "semi-concurrent" case. My details are as under:
Category: EB2
PD (Labor): July 3, '02
I-140 RD: Jan. 20, '04
I-485 RD: June 15, '04
FP: July 22, '04
EAD/AP AD: July 15, '04
I would appreciate if you could advise if I should (yet) contact the FBI for Name check, and FP clearance. If not, how long should I wait? Thanks very much, for your time!
Semi-conc'nt 04
Registered Users (C)
unitednations said:I can tell you that I haven't contacted uscis about my fingerprints. However, you can contact FBi to see if they have sent the results of your fingerprints back to uscis (EVERY post I've seen on this issue has shown that the FBi has sent results of fingerprints back to uscis on the same day, without exception). Name check from FBi takes a little longer. I would give this a few more weeks before I would inquire.
Keep in mind that there are two name checks. One is the FBi that everyone is aware of (done in conjunction with fingerprints and they check for any outstanding warrants, terrorism, etc.). The other name check is done by uscis which is called IBIS checks. These are immigrant related name checks, ie., customs violations. These checks only have 90 day validity and are done on EVERY immigration application. This has already been approved for you since your AP and EAD got approved so there is no need for you to worry about this check.
With regards to if your case can be approved by the end of the year. This is anyone's guess. You don't fall under the concurrent program of EB-2 filed in California after May 1/04. If you had filed concurrently their target date was approval in 90 days. However, you may fall under the "ohata" concurrent approval program. For this program the 140 date on the uscis processing reports is the date to watch as it dictates concurrent approval.
Currently, they are processing july/03 cases for 140 approval. I'd say it could take at least one year for approval.
Hi, UN!
Thank you for your reply. I am prompted to ask, are we looking at a yr. & 1/2 (or more), for I-140 Approval (RD: Jan. 20, '04)? ...in which case, what happens to "portability"? Also, didn't the Ohata Memo indicate that semi-concurrent EB2 cases would be adjudicated on some sort of priority? ...does the fact that I have (already) been approved for EAD/AP count for nothing, atleast as far as some preliminary review/approval of my I-140?
curiousGeorge
Registered Users (C)
Chongyip,
In the end did you have to take unpaid time off because your TN status was about to expire, or did you get the EAD in time? How many days did you have left on your TN status when you got your EAD?
In the end did you have to take unpaid time off because your TN status was about to expire, or did you get the EAD in time? How many days did you have left on your TN status when you got your EAD?