NSC I-140 RFE Experiances

[Bomber]

Anybody can tell me when can i change my employer? I filed I-140 in sep.

You can safely change employer ONLY if your I-140 has been approved AND your I-485 has been filed more than 180 days ago.

If your I-485 has not been filed and you have an approved I-140 and you want to change employer, then you need to have the approved I-140 with you, make sure your curent employer does not revoke your I-140 or does not use the approved LC for someone else. Even in that case, you have to start from scratch(LC filing) with your new employer, but you keep your old priority date. Not too much to gain and may be a lot to lose if you change before your I-485 application is 180 days old.

hope this helps

 

[somisc]

When should i apply for 140

hi
I got my labour certified.Can some one tell me within howmany days of aproval i should apply for I-140? Can i wait for 2 months?

-somi

 

[whatsupwithgc]

140 Approved after RFE

My EB2 140 has been approved, received 5 emails on 11/07/06,

Good luck to you all. See you on 485 forums.

 

[pm1012]

What did you file?

Hello Friends,

I have a pending I-140 filed in NSC last April 17, 2006, with Notice Date of April 21, 2006.

After several months of waiting, I asked my lawyer to upgrade it to PP on Sept. 21. Unfortunately, on Sept. 25, we received RFE (USCIS faxed it to my lawyer). They were asking about documents for Ability to Pay, and my W2 and recent pay stubs.

Last Oct. 16, we sent the reply to the RFE. It was acknowledged as accepted by USCIS on Oct. 17 and my LUD was also updated on Oct 18, without change in online status. Now, it has been more than a week and no movement in my case.

Is this a reason to start to panic already. I was thinking that since it is filed with PP, I should have gotten the decision by now.

I am worried and have this feeling that I got denied....

Plese help me.

Thanks!!!

Did you provide your company's tax return, your W2 or paystubs to them initially?

 

[pm1012]

What chance to get REF

I will need to submit my I-140 soon.
I will provide 2006 company tax return, my 2006 W2 and current paystub. If everything looks fine, what chance I will get REF to ask employer tax return for 2004 and 2005. That is what I don't want to be happened.
Could anyone have same experience share this?
Thank you very much.

 

[pm1012]

hi
I got my labour certified.Can some one tell me within howmany days of aproval i should apply for I-140? Can i wait for 2 months?

-somi

If you are still waiting for your visa avaliability, you should be okay under approved labor status as long as your H1B is valid.
I got my Labor approved in July this year and I am planning to file my I-140 in Jan next year.

 

[mj75]

Can I file I-140 under EB3 when I have an approved labor with BS +5 experience?

After waiting for 4 years, I got my labor approved by the Philly backlog center. My labor approval was with a BS+5 year requirement. I hired a new lawyer to file for the I-140. However, he pointed out that the previous lawyer had put the number of months of my work experience to 56 months,4 months short of the 60 months required and this might lead to a denial or an RFE.

I wonder if I can file it under the EB3 category as an alternative even though it has been severly backlogged. Has anyone come across a similar issue? I've heard of instances when the USCIS asks the I-140 applicant to file an EB2 application under EB3 when the approved labor doesnt show enough experience.

 

[SN4GC]

Congratulations on your 140 approval. My attorney responded RFE and it reached USCIS couple of days b4 yours reached. I dunno why my 140 is not yet approved. RFE is on ability to pay like your case. But still wonder what's happening.

SN

My EB2 140 has been approved, received 5 emails on 11/07/06,

Good luck to you all. See you on 485 forums.

 

[ram_ram]

I suggest you apply in EB2 and if denied then use the same labor to apply in EB3. I think they will automatically accept the application in EB3 if not eligible for EB2. Please check with your attorney. But one bad thing may be if you needed to apply 140 second time, you will not have the original labor copy, So you will not be able to apply for premium second time. Good Luck.

After waiting for 4 years, I got my labor approved by the Philly backlog center. My labor approval was with a BS+5 year requirement. I hired a new lawyer to file for the I-140. However, he pointed out that the previous lawyer had put the number of months of my work experience to 56 months,4 months short of the 60 months required and this might lead to a denial or an RFE.

I wonder if I can file it under the EB3 category as an alternative even though it has been severly backlogged. Has anyone come across a similar issue? I've heard of instances when the USCIS asks the I-140 applicant to file an EB2 application under EB3 when the approved labor doesnt show enough experience.

 

[whatsupwithgc]

I think you will get decision "any time"

Thanks. I tracked at least more than 10 cases in this forum and found decision after rfe response took anywhere between 5-15 working days. Best of luck...

Congratulations on your 140 approval. My attorney responded RFE and it reached USCIS couple of days b4 yours reached. I dunno why my 140 is not yet approved. RFE is on ability to pay like your case. But still wonder what's happening.

SN

 

[mj75]

thanks, Ram_ram. I'm waiting to hear back from attorney regarding this.

 

[green ocean]

mateha123,

If your company can prove that it had "the ability to pay" all the years since your LC was filed, then you should be okay.

If your LC was filed in 2003 and the salary in LC is 60K and if you've been making 30K/year, then your company might have to show it had a net profit of atleast 30K per year every year since 2003. If there are more I-140 applicants from your company, then they need to show that they had and continue to have the ability to pay all of them.

Bomber,

I kind of am in the same situation as Mateja but have not received RFE as of now. my current salary is short of the LC by 20k. is there any link/material clarifying the criteria on the ability to pay of the company? does it have to go back to the LC filing time? does it have to be net income?

lots of questions - thanks in advance
Mateja, please keep us posted on your developments...

 

[green ocean]

Anybody can tell me when can i change my employer? I filed I-140 in sep.

you would have to have I-485 pending for more than 180 days and I-140 approved, and the new position should be similar or the same as the one you filed for...

 

[Bomber]

Ocean,

Even I'm in the same situation as my company paid a part of my salary as per-diem checks which does not appear in my W2s.

It has to be net income but in some cases if the company has net assets more than the difference, it can be used too. make sure you use some professional help if it comes to that.

It is calculated from the day your LC is filed.

If your company is of decent size and has good cash flow, you should be fine.

Good luck

Bomber,

I kind of am in the same situation as Mateja but have not received RFE as of now. my current salary is short of the LC by 20k. is there any link/material clarifying the criteria on the ability to pay of the company? does it have to go back to the LC filing time? does it have to be net income?

lots of questions - thanks in advance
Mateja, please keep us posted on your developments...

 

[krkars123]

I-140 Approved....

Hi All,
My I-140 is approved...thanks a lot for all you guys...wonderful forums...Here are my details...

Eb2
Ms+0
Priority date : March 3 2006
Labor approved : March 30th

I-140 filed May 15th
LUD : 7/22
RFE : A2P oct 5th..
RFE Rcvd by USCIS : Nov 5th
Approval date : Nov 15th...

 

[njcanadagc]

changing job title

Hi, all,

I am in the process to file I-140 & I-485. I have one question: In my LC, the job title is "senior scientist" (none management position, required M. Sc. plus 3 yrs experience), two years ago, I got a promotion to "principal scientist associate" with higher pay but my responsibility is exact the same, will there be problem when I apply I-140? thanks for your reply.

 

[silentnomore]

Bachelor of Science in Business Administration

Hello everyone

I also have a question on education. We are getting ready to file I-140 based on EB-3 category. I have a bachelor of science degree in business administration from a foreign college and an MBA from a US college. My education requirement on Eta-750 says bachelor's level degree in accounting, finance or equivalent. Do you think I might get a RFE on education ? I didn't realize my attorney didn't use BS in business admin, but he used BS in finance, accounting or equivalent ! Is there anyone out there with similar situation ?

Thanks in advance for all the advice...

 

[MannyD]

Hello everyone

I also have a question on education. We are getting ready to file I-140 based on EB-3 category. I have a bachelor of science degree in business administration from a foreign college and an MBA from a US college. My education requirement on Eta-750 says bachelor's level degree in accounting, finance or equivalent. Do you think I might get a RFE on education ? I didn't realize my attorney didn't use BS in business admin, but he used BS in finance, accounting or equivalent ! Is there anyone out there with similar situation ?

Thanks in advance for all the advice...

Typically "equivalent" is wrt the Bachelors degree and not the field of education. But because the curriculum is somewhat similar for these fields, you may get thru. It would help if your bachelors degree was four years and not three. If it's three and your case is in Nebraska, you can expect an RFE as your MBA will not be combined for the BS degree. Sorry for the pessimistic tone, but I'm going thru similar issue and want you to be prepared. All the best.

 

[silentnomore]

Thanks MannyD

Typically "equivalent" is wrt the Bachelors degree and not the field of education. But because the curriculum is somewhat similar for these fields, you may get thru. It would help if your bachelors degree was four years and not three. If it's three and your case is in Nebraska, you can expect an RFE as your MBA will not be combined for the BS degree. Sorry for the pessimistic tone, but I'm going thru similar issue and want you to be prepared. All the best.

Thank you for the reply, yes, I do have a 4 year B.S degree plus the MBA and both degrees are minored in finance (I took 12 credits of accounting also in undergrad). I was just trying to understand if NSC is too strict and would send me an RFE for not having exactly the same degree on the ETA-750 form.

I definitely would like to be prepared for the worst, so I really don't mind the pessimism... I just wish I knew all these things before my lawyer put BS in accounting, finance or equivalent, I am pretty sure it was not going to be a problem for my employer to add on the business administration ! I am hoping this will slide by... Good luck on your case MannyD !

 

[support.gc]

IT looks like there is no use of just fighting on retrogression alone you have to raise the voice against FBI Name check delays which is also taking 1 - 3 years.


Issues:
a) Labor BEC - 3 years
b) I 140 - 2 weeks to 1 year
c) Retrogression - Typically will stop you and you might have to wait for 6 months to 3 years
d) New thing - FBI Name check (under 485) is taking around 1 - 3 years