NSC I-140 RFE Experiances

is it problem if the real salary is too high??

hi,
is it a problem if someone with "swa" salary of 87K
with the labor cert approved all of the sudden
got promoted to receive more than 120K?
the i-140 was filed concurrently weeks ago while
the promotion took place today?
will there be an rfe at all?
thanks
:confused:
 
wong_cilik said:
hi,
is it a problem if someone with "swa" salary of 87K
with the labor cert approved all of the sudden
got promoted to receive more than 120K?
the i-140 was filed concurrently weeks ago while
the promotion took place today?
will there be an rfe at all?
thanks
:confused:
Click to expand...

Generally I-140/485 for sure will be denied if the title is changed, especially if responsibilies are changed. If nothing is changed except for salary I doubt that can cause a problem.
 
I-140 Question...

Hi All,

Guess I am one of those unfortunate guys who might not be able to use my own labor certification. Can someone shed some light on the following:

1. Currently I am on my H1 7th year extension. Applied for labor in Aug 2004 recently got an approval from BEC Dallas. However, when preparing for 140 my attorney noticed that she stated the Job requires "Bachelor of Engineering" and in the Major field she mentioned "Computer Science" and 4 year of exp. I have B.E. in Civil Engineering + 4.5 year of exp. My attorney thinks there is hardly 1% chance for my approval due to this discripency in degress.

Can any one let me know how big of an issue this can be when applying for I-140, since this is my own labor certification will they tend to accept?.

Also, in case if my I-140 gets denied, and if I plan on reapplying labor in PERM and then eventually apply 140, will it affect that case. In other words, how does a 140 denial affect my future case with the same position from same employer..

Please advice??
 
sfmars,

My job title has changed though resposnibilties remain same because of company acqusition.

I talked to company lawyer and as per his opinion unless transition is from say an Engineer to Supervisory postion USCIS is usually lenient.

Again becuase of my own selfish interest I am looking at it from a positive spin. How definitive is your information regarding this.

Thanks,
EB2-RIR CA
LC PD 11/2002
LC Approved 05/15/2006
I-140 Applied 06/30/2006


sfmars said:
Generally I-140/485 for sure will be denied if the title is changed, especially if responsibilies are changed. If nothing is changed except for salary I doubt that can cause a problem.
Click to expand...
 
bigbang2001 said:
sfmars,

My job title has changed though resposnibilties remain same because of company acqusition.

I talked to company lawyer and as per his opinion unless transition is from say an Engineer to Supervisory postion USCIS is usually lenient.

Again becuase of my own selfish interest I am looking at it from a positive spin. How definitive is your information regarding this.

Thanks,
EB2-RIR CA
LC PD 11/2002
LC Approved 05/15/2006
I-140 Applied 06/30/2006
Click to expand...

bigbang2001,

What your lawyer said was 100% true for CSC, unfortunately everybody files to NSC after 04/2006, and if NSC processes your case... they are very picky

When I said title changed I meant major changes. Of course such change like software engineer to programmer analyst will not cause a problem from my point of view.
 
experence letter?

The LC for my position does not require any experience (MS+0yr). When filing I-140, the attorney wants to put all my working experience on the form. Do I have to submit employment letter for those experience? Those experience is in the related fields but my LC does not require any at all.

Thank you and have a wonderful weekend..

Segio
 
is this off topic? Finger print and biometric for minor?

hi,
I filed concurrently 140 and 485 a month ago.
today we went for FP code 3 for both myself
and my wife.
strangely, i have a 10yrs old daughter that didn't
get the invite for FP or biometric.
is this normal??
one more thing, does having code 3 of FP
(pict, signature, and FP)
indicates the application got approved?
thanks
wong_cilik
 
segio_01 said:
The LC for my position does not require any experience (MS+0yr). When filing I-140, the attorney wants to put all my working experience on the form. Do I have to submit employment letter for those experience? Those experience is in the related fields but my LC does not require any at all.

Thank you and have a wonderful weekend..

Segio
Click to expand...

Supporting documentation only bolsters the case for approval. USCIS loves strong documentation
 
Don't worry a thing.

Basically, if the core duties for both positions are the same and the 2
positions share more than 50% of the same or similar duties, you are ok. I have the same experience, my job title, description, department all have changed, with salary increased almost 100%, no problem at all... how could any reasonable human being expect one good worker not get promoted for 4 to 5 years? Have your employer/attorney prepare a letter explaining the similarities, it will be fine.

bigbang2001 said:
sfmars,

My job title has changed though resposnibilties remain same because of company acqusition.

I talked to company lawyer and as per his opinion unless transition is from say an Engineer to Supervisory postion USCIS is usually lenient.

Again becuase of my own selfish interest I am looking at it from a positive spin. How definitive is your information regarding this.

Thanks,
EB2-RIR CA
LC PD 11/2002
LC Approved 05/15/2006
I-140 Applied 06/30/2006
Click to expand...
 
richshi said:
Basically, if the core duties for both positions are the same and the 2
positions share more than 50% of the same or similar duties, you are ok. I have the same experience, my job title, description, department all have changed, with salary increased almost 100%, no problem at all... how could any reasonable human being expect one good worker not get promoted for 4 to 5 years? Have your employer/attorney prepare a letter explaining the similarities, it will be fine.
Click to expand...
Thank you richshi.
Your words give me hope. I will contact my lawyer to confirm if they delibrately did not muck up the whole thing.

Thanks again.
 
I got RFE from NSC

It reads " It has been determined after review of the petition and supporting documentation that an advisory evaluation of the alien's credentials must be obtained before a decision can be made.This eveluation is necessary to determine the level and major field of educational attainment described in the supporting document in terms of equivalent education in the United States".

Did anyone get this rfe before?.I have 4 year Bachelor degree from India.
 
cantwait4gc said:
It reads " It has been determined after review of the petition and supporting documentation that an advisory evaluation of the alien's credentials must be obtained before a decision can be made.This eveluation is necessary to determine the level and major field of educational attainment described in the supporting document in terms of equivalent education in the United States".

Did anyone get this rfe before?.I have 4 year Bachelor degree from India.
Click to expand...

I have seen an RFE like this before. You simply need to have your degree evaluated as equivalent to a US bachelor's degree. Do a google search for FOREIGN CREDENTIAL EVALUATION and then call and find one you are comfortable with. It should not be too expensive or time consuming.
 
Warning about evaluation agencies and the 3 year degree

There seem to be some copycat evaluators doing evaluations for the 3 year degrees as equivalent to the US bachelor's degree. But they are simple statements with no explanation, no expert letter, etc. I have seen a denial from one of these.

Be careful who you use. Get solid information that they have been accepted. This one was denied and was accepted after Sheila Danzig did the evaluation. We don't want to pay double so I am not saying to use Sheila or not, I am saying to be careful.
 
3 Years degree

Hi Raghu, do you know anyone recently approved with three year degree in NSC . I am very much worried about my 140 approval as I have 3 year bachelors degree in computer science.

Thanks in Advance.
 
Raghu345 said:
Be careful who you use. Get solid information that they have been accepted. This one was denied and was accepted after Sheila Danzig did the evaluation. We don't want to pay double so I am not saying to use Sheila or not, I am saying to be careful.
Click to expand...
If Sheila's evaluation indeed works, then why mine got denied? She did a course by course evaluation and NSC denied and sent to AAO. I don't believe anymore with this system.
 
My 140 approved today after 10 months(VSC->NSC)

GUys,

I am sharing my happiness with all you.

My 140 got approved today at NSC.I got RFE on ability to pay on june'9th,2006 and replied on July 20th approved on july'26th.

My case details below.

-----------------------------------------------------------------

14/485:pERM Sustiture ND:09/29/2005 at VSC
EAD'as and AP's approved on December'2005

VSC-> NSC transfer on May'17th

RFE on 140 on :june 9th'2006,replied on june'20th and approved on july'26th,2006
 
Can you send me the list of documents you have send for ability to pay.

I got the same REF and USCIS is asking for last 3 year returns from the company and my w2's since I joined this company.
 
My layer jusy sent

My Attorney sent my 2005 w-2's with federal tax filings returns

plus my company 2005 federal tax filing docs plus profit/loss statements.I think MY attorney sent my company tax returns from 2002 to 2005.

After we replied to RFE,it took exactly 7 days to approve.
 
Sheila R Danzig said:
I have seen an RFE like this before. You simply need to have your degree evaluated as equivalent to a US bachelor's degree. Do a google search for FOREIGN CREDENTIAL EVALUATION and then call and find one you are comfortable with. It should not be too expensive or time consuming.
Click to expand...


My lawyer replied to this rfe on July'28th with educational evaluation & NSC received the envelop on July 31st (as per FEDEX tracking).How long does it take for NSC to update the online status/approval?.

Thanks
 
sameday the message will change

our meesage will change sameday they receive.My experience is if your message changed something like this " We received your response.Howeever preliminery processing is complete.The remaining processing time is less than the specified time"

You will get it decision in 2 weeks.Mostly les than a week.

IF your message is like "This case will take 90 to 180 days" like this.It iwll lake litttle longer.

This is just my guess.
 
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