NSC I-140 RFE Experiances

Guys My 140 is approved.. Its a miracle.. THANK YOU GOD..

Hi Guys,
My 140 is approved last night at 10.30PM. There was a LUD change at 9 and then all of a sudden 5 emails. Thanks to RLG EX251 who approved my case. Its almost 3AM still i am not sleepy. I will post all the details tomorrow morning guys. THANK GOD.
Thanks
KK
 
Congratulations Kriskish

Hi Kriskish,
Congratulations on 140 approval.
I know you were so tensed last friday.
Now you are free to use your EAD.

enjoy the freedom.

kriskish said:
Hi Guys,
My 140 is approved last night at 10.30PM. There was a LUD change at 9 and then all of a sudden 5 emails. Thanks to RLG EX251 who approved my case. Its almost 3AM still i am not sleepy. I will post all the details tomorrow morning guys. THANK GOD.
Thanks
KK
Click to expand...
 
RFE on 140 : Approved

My RFE is "Ability to Pay". The docments my attorney has sent are :
1. My Tax returns for 2003, 2004
2. My W2 Forms for 2003, 2004
3. Company's financial documents from the Auditor. ( I dont know what exactly the financial docs are....probably, Company's Tax return statements)


bunny01 said:
Hi Powers,

Congratulations. What was ur RFE about? could you please let us know for the benefit of all the guys suffering with RFE's...

Thanks.
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EB3 India
Labor :08/15/2003 AD: 12/15/2003
I140 : ND-06/14/2004 RFE - 04/12/2005 Reply to RFE - 06/28/2005 AD - 07/05/2005

I485/EAD/AP : ND- 08/14/2004 FP - 09/28/2004 AD - ??
 
Congrattttts KK..................

Phew that was a close one for you................

Hope ur 485 goes smooth.

regds
 
kriskish said:
Hi Guys,
My 140 is approved last night at 10.30PM. There was a LUD change at 9 and then all of a sudden 5 emails. Thanks to RLG EX251 who approved my case. Its almost 3AM still i am not sleepy. I will post all the details tomorrow morning guys. THANK GOD.
Thanks
KK
Click to expand...

Congrats Krishina. I hope you enjoy a great happy time in your life.
 
Any Updates?

Guys,
Share your updates here who ever applied through NSC.
Any approvals today?
Or any new RFE's ( Sorry to asks this question)
 
bunny01 said:
Hi pranashvi,

Sorry to hear that u got 2nd RFE. what does ur attorney say? Be careful that when u say it's training, Service center's might not like it! say, it's like unpaid project as they wanted to check ur skills for 2-3 months, and if they were ok, they would start paying u since 2001. not sure if this will work but just my take! also, check with ur employer and get details of the paycheck issuing company and enquire if they can issue a W-2 for unpaid salary in 2000 which is something like ur company should prove to them... If yes, put ur own money in company's acct, ask them to deduct taxes and then direct the paycheck issuing company to issue paychecks.

If this sounds too complicated, maybe even try that u were paid in Indian currency for the 1st 3 months of employment in India and that u were given just expenses/ accomodation here.....

these r all my suggestions! might sound foolish too..... but just explore.

also, i saw that u had an RFE about education. pls let me know what it was about and how u responded as i have an RFE on my edu too and looking for advices..
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Hi Bunni and HasiruUsiru,
When I got first rfe, my lawer sent an education evaluation to the USCIS without marksheet and degree certificate and it got rejected. USCIS re-requested all the documents along with new rfe (w-2). I am going to get new evaluation from trustforte and send it to USCIS along with other documents. I am not yet sure about how to take care of w-2 thing. My lawer said 'we will have to explain them'.
 
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Guys - Please comment / advise on my situatioin.

I'm a silent observer in this forum and wanted your comments based on ur experiences in I140 stage.

I'm still in the labor stage (PD April 2003, SWA never made to federal level) and the case is now in the mess of Backlog processing centers, which might take years to process.

My boss is thinking of letting me file another labor application in EB2 category while "also" continuing with my old labor application file in April 2003 (SWA - never made to regional, no 45 day letter). Following is my biggest concern with the new application:
1) Can EB2 be denied in I140 stage? I got employed with my current employer (about 4 years ago) about 2 weeks before technically get my Masters degree. But since then I've changed titles, beem promoed, but the job description is more/less the same (although I know lawyers can put twist to it to show it is "substantially different").

I'm especially concerned about the I140 being denied because I did not complete Masters before joining the co. My employer is one of the biggest s/w companies with no history of layoffs etc. The lawyers here can show advertisements for Masters degree candidate etc. But still I'm concerned, because once the EB2 approval comes, my old RIR labor application will be used for someone else. So in case my application gets rejected at I-140 stage - I'll have nothing to fall back on.

I need the EAD badly for my wife, because of which I'm thinking of moving to EB2 via PERM.

Gurus please comment.

Also please let me know if there is another forum which is more appropriate for this kind of question.

Thanks a lot.
 
The only thing that I could suggest is if your company HR dept is willing to work with you and push your joining date by 2 weeks. Also if one tries to go into detail do check the date when you received your first paycheck if it falls after you got your master's degree then you can try to prove to the USCIS that you joined the company after getting the degree. You would need co-operation from your HR dept to do this after all it is just a matter of 2 weeks. Also you need to act quick if your aim is to get your wife an EAD bcos EB2 can also retrogress pretty soon. Also consider getting her an H1B. Hope this helps
 
WhyThisDelay said:
My boss is thinking of letting me file another labor application in EB2 category while "also" continuing with my old labor application file in April 2003 (SWA - never made to regional, no 45 day letter). Following is my biggest concern with the new application
Click to expand...

As long as you qualify for the educational requirements of the labor application at the time you apply for the I-140, you will be fine.

- The LC simply allows the company to hire non-US workers.

- The I-140 is an application by the company to hire you for the position described in the LC. You must have those qualifications at the time the I-140 is file.

- I-485 is the icing on the cake. A this point, the company is allowed to hire a foreign worker (LC), you have been see fit to fill that position (I-140). The I-485 is a final review of the entire case.

The fact you have a prior LC filed is fine. It simply won't be used for you. The company can use it later (when approved) for someone else for the same position.

mdh
 
Not to nit-pick but the 485 is not necessarily a review of the entire case. The 485 is a review of the alien. Have you ever overstayed a visa? Have you ever worked illegally? Are you a criminal? Etc....
 
One follow up question.

Thanks Jaggy/mdh for replying.

Here is what my lawyer and myself are thinking to do - I'd show in my application that I've moved to a new "title" job and that my job requirements have substantially changed (more than 50%). And since at the time of job change, I had masters degree with one year of previous experience at a previous company, I should be allowed to file in EB2.

Since you guys are already in I140 stage and have some kind of experience as to what happens in this stage, I wanted to know if these kind of cases are heavily scrutinized or have a high risk of denial. Have you seen similar cases?

Your response are much appreciated.
Thanks



mdh3000 said:
As long as you qualify for the educational requirements of the labor application at the time you apply for the I-140, you will be fine.

- The LC simply allows the company to hire non-US workers.

- The I-140 is an application by the company to hire you for the position described in the LC. You must have those qualifications at the time the I-140 is file.

- I-485 is the icing on the cake. A this point, the company is allowed to hire a foreign worker (LC), you have been see fit to fill that position (I-140). The I-485 is a final review of the entire case.

The fact you have a prior LC filed is fine. It simply won't be used for you. The company can use it later (when approved) for someone else for the same position.

mdh
Click to expand...
 
cfiler said:
Not to nit-pick but the 485 is not necessarily a review of the entire case. The 485 is a review of the alien. Have you ever overstayed a visa? Have you ever worked illegally? Are you a criminal? Etc....
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That is true. The reason I said it is a review of the entire case is because I have heard of I-485 RFEs asking for the original I-140 approval, etc.

Most of the I-485 process concerns the alien, but they also check to make sure the entire process has been completed correctly.

NN
 
WhyThisDelay said:
Since you guys are already in I140 stage and have some kind of experience as to what happens in this stage, I wanted to know if these kind of cases are heavily scrutinized or have a high risk of denial. Have you seen similar cases?

Your response are much appreciated.
Thanks
Click to expand...

Check out these pages:
PERMs
Refiling under PERM

It appears you can convert your old LC case to a new PERM, but it has to be for the identical position, so that wouldn't work for you. In your case, cause you want to file under EB2 vs. EB3, I would think you would need to abandon the old case and refile a LC that falls under EB2.

Do note that you can't have two LCs for two different positions in a company. Makes, sense, you can't fill two jobs with one person.

You will likely lose your priority date if you refile under PERM, whether this is important depends on your case.

I'm sure your lawyer knows the details better than I do.

mdh
 
I don't know the officer code. My RFE was about company's ability to pay. It took them about 25 days to approve after replying to the RFE
 
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