NSC I-140 RFE Experiances

Hi All,

I think nobody faced this kind of situation, if you know any just let me know.
My I 140 approved from Texas Service Center in August 2008. Then later it was moved to Nebraska Service center as my 485 is in NSC. Now I changed my employer as it was already 1 year passed from the date we filed 485 and my current employer has filed H1 for me and it was approved. I received the H1 documents. Even my earlier employer is co-operative and said no problem.

Now out of blue I received a mail from USCIS saying that they sent a RFE on 140.

"Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Request for Additional Evidence Sent"

What does this mean? Does this mean that they re-opened 140 and verifying it?
I am waiting for more information from my earlier attorney.

Can the experts give their suggestions on this?

Thank You,
Dane
 
RFE on approved I-140

You can't do anything until you know the reason for the RFE, but I have seen these. I have seen approved I-140's get a notice of intent to deny. I have once seen a green card get a notice to revoke over the education of the I140 (it was approved after a very detailed evaluation of the education). It is not common but it is possible.
Let us know what the reason is once you find out. (If it is education related I will be happy to review the case at no charge and let you know what I believe your options are.)
Feel good that it is an RFE and not a Notice of Intent to Deny. This means they think you may be able to satisfy whatever the deficiency is and that they just need more evidence.

Sheila Danzig sheila at danzig dot ..... com.

Dane said:
Hi All,

I think nobody faced this kind of situation, if you know any just let me know.
My I 140 approved from Texas Service Center in August 2008. Then later it was moved to Nebraska Service center as my 485 is in NSC. Now I changed my employer as it was already 1 year passed from the date we filed 485 and my current employer has filed H1 for me and it was approved. I received the H1 documents. Even my earlier employer is co-operative and said no problem.

Now out of blue I received a mail from USCIS saying that they sent a RFE on 140.

"Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Request for Additional Evidence Sent"

What does this mean? Does this mean that they re-opened 140 and verifying it?
I am waiting for more information from my earlier attorney.

Can the experts give their suggestions on this?

Thank You,
Dane
Click to expand...
 
Denial to Approval

What was the reason for the denial and how did you get it approved in the MTR?

ho jayega said:
Hi Guys

I would appreciate if you can help with my query

My 140 got denied in sept
Applied MTR on Oct
140 Got reopened in March 14
485 for primary reopened on march 14
485 for dependent only lud changed still says "denial notice sent"
140 approved april 9th
dependent 485 still says "denial notice sent"

do i have to file mtr to reopen wife's 485 or its automatic as we have to apply for her Social Security and since she has EAD can she work ?

I also called uscis, the rep thinks that we dont have to do anything and the case should have been reopened even though it may not say so online.

we also go a letter on march 20th that says "its ordered that the case be reopened" for both primary and dependent 485

appreciate your help
Click to expand...
 
Complicated I140/I485 Situation (EB3 India)

USCIS Issued RFE on I140

• I am on H1B Since 15th Oct 2000 currently on 9th year H1B
• Company filed EB3 Labor on June 2003 got approved.
• Filed I140/I485 on Feb 2ed 2004 both are pending since then Due to Name Check (Security Check)
• Due to closing of company on 2007 Oct I had to transfer H1B to join another employer. Note: I worked with the company for 3 Years 8 months after filing I485 and worked for total 5 years with the sponsoring company.
• Filed AC21 so that my wife can start working on EAD also she has traveled to India using Advance parole.
• With the new company I have started Green card process again.
• Filed EB2 Labor approved and also field I140 got approved waiting for priority dates to become current so that I can file I485 again.
• Now after 4 years 9 months USCIS Issued RFE on old I140 may be Name check is cleared so they started looking at my case.
Note: I No more work for sponsoring company filed AC21 while I140 Pending.
• I don't know where USCIS sent the RFE. To old Lawyer or to current lawyer. I have to yet to see the RFE.
• Does any one have any suggestion where USCIS might have sent RFE? Since it is I140 I canot contact USCIS directly.
 
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Your RFE would be received by whoever filed your I140. Also, your I140 is requested by an employer, so expect the attorney who prepared and submitted the I140 to say you need the approval of the employer you were with at the time the I140 was submitted to approve responding to the RFE.

In many cases, former employers are gracious enough to allow the respective attorney to continue with the RFE processing for you, as long as you pay for it. Although the I140 is for you, keep in mind from a legal standpoint the case is submitted onbehalf of the employer not you. Also, if you have changed your attorney since the I140 processing started, you need to reach out to the attorney who submitted the I140.

gckk said:
USCIS Issued RFE on I140

• I am on H1B Since 15th Oct 2000 currently on 9th year H1B
• Company filed EB3 Labor on June 2003 got approved.
• Filed I140/I485 on Feb 2ed 2004 both are pending since then Due to Name Check (Security Check)
• Due to closing of company on 2007 Oct I had to transfer H1B to join another employer. Note: I worked with the company for 3 Years 8 months after filing I485 and worked for total 5 years with the sponsoring company.
• Filed AC21 so that my wife can start working on EAD also she has traveled to India using Advance parole.
• With the new company I have started Green card process again.
• Filed EB2 Labor approved and also field I140 got approved waiting for priority dates to become current so that I can file I485 again.
• Now after 4 years 9 months USCIS Issued RFE on old I140 may be Name check is cleared so they started looking at my case.
Note: I No more work for sponsoring company filed AC21 while I140 Pending.
• I don't know where USCIS sent the RFE. To old Lawyer or to current lawyer. I have to yet to see the RFE.
• Does any one have any suggestion where USCIS might have sent RFE? Since it is I140 I canot contact USCIS directly.
Click to expand...
 
Last edited by a moderator:
Thank you for reply
I140 Did not reached Either privous Attorney or Current Attorney
Current Attorney Recommended to me that he will Do Enquiry with Congress man so that he can Receive RFE from USCIS as After filing G28 current Attorney should receive them.

Tired waiting for 5 years just to even USCIS to look at my I140 case.
 
hi every body i have a rfe for the job requirements said i need two years experience but
when i file mi application attorney put only 1 year experience when i been working for same company for 18 years now lawyer said i dont qualife don"t know what i goint to do after i wait for almost 8 years i 140
 
JSANTANAFUENTES said:
hi every body i have a rfe for the job requirements said i need two years experience but
when i file mi application attorney put only 1 year experience when i been working for same company for 18 years now lawyer said i dont qualife don"t know what i goint to do after i wait for almost 8 years i 140
Click to expand...

HI JSANTANAFUENTES,
Take other attorney's opinion Speak with attorney RajivKhann or murthy etc. They might have some way to resolve your issue.
 
JSANTANAFUENTES said:
hi every body i have a rfe for the job requirements said i need two years experience but
when i file mi application attorney put only 1 year experience when i been working for same company for 18 years now lawyer said i dont qualife don"t know what i goint to do after i wait for almost 8 years i 140
Click to expand...

Do you have other related experience, such as your previous work, or graduate study, so it can be used as "equivalent or combined" experience?

See also http://www.greencardapply.com/i140/i140_eligibility.htm
 
I 140 denied Please help

Hi guys,
I am new in this portal...
My labor was approved in June 2007 and I-140, I-485 along with EAD and AP was applied on July 2007. Both me and my wife got EAD and AP approved for 1 year then whemn we renewed we got 2 years EAD. Now my H1B expired on Nov 2008 and we both used EAD. In Jan 2009 my company got a RFE asking my W-2 for 2004-2006 and company's Tax return. In March 2009 my I-140 is denied on the basis of "Ability to Pay". Subsequently I-485 is also denied. My company lawyer filed MTR and AAO and also applied H1B and H4 for my wife. My H1 is approved but my wife's H4 is denied as my H1 is not an extension of stay, we have to go out from US and stamped the H1 and H4. Is there any special documents should I show to the consulate? We are out of status for less than 15 days ( got the H1 approval letter on 4/6/2009 and also got the denial letter on 4/6/2009 and we are leaving US on 4/15/2009). we are from Kolkata, India. Can you please help me.
 
Friends seniors experienced suggestions/advise needed -140 denied employer refused to appeal

My 140 was denied on ability to pay, my company which is ver very small household business refused to file the MTR/Appeal.
At present on EAD, I-485 pending.

What are my options now?

Labor PD: Nov 2003.
Labor approved: August 2006.

AS MY SENIORS I NEED YOUR SUGGESTIONS HELP.Any phone number or email id appreciated.I AM REALLY TENSED
 
I-140 RFE based on Educational Qualification

Hi All,

I received an RFE based on my qualification and the Job requirement qualification.

While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below

1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO

And in my profile, he listed the degree as ENGINEERING.

Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.

The USCIS is requesting evidence that the beneficiary obtained a Bachelor’s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.

MY Attorney Suggested 2 things.

1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.

2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.

Please let me know if i stand any chance with these 2 options.
 
Two Kind of RFE Notices

Most RFEs contain requests for reasonable information. These may ask for more information about journals in which the applicant's publications have appeared, or details about fellowships, awards, or memberships. But sometimes, a RFE may be excessive. When an RFE of this type is received, it is important to carefully argue the required information. http://www.greencardapply.com/rfe.htm

The RFEs’ contents very significantly. Usually, there are two kind of RFEs. The first kind of RFE is called the “broad brush” RFE by immigration community, which generally asks an alien applicant to prove his or her basic eligibility for the EB1 or NIW petition. For this kind of broad and common RFEs, it seems like that the USCIS Service Center believes that the alien applicants did not submit any noteworthy supporting materials at the initial I-140 petition submission to prove their eligibility.

USCIS had regulations and internal memos to require a supervisor’s approval for any adjudicator to issue such “broad brush” RFE. But in the practical circumstances, even this kind of RFEs violate the USCIS’ regulations, the alien applicant still needs to reply the RFE questions one-by-one, with new evidence and related supporting materials, and with additional reference letters from experts in the field if it is necessary.

Another kind of RFE will ask the alien applicants to submit specific supplement materials, such as the citations of published papers, or comments of an applicant’s achievement from independent experts in the field. For this kind of RFEs asking for particular evidence or supporting materials, sometimes it is difficult for an applicant to provide the exact required document.
 
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