NSC I-140 RFE Experiances

My RFE was received on 8th December, 06 so I am very close to 60 days.

Is it worth upgrading to PP now?

Any comments.
 
to all RFE

I applied for EB-1A self, to Vermont on Sept 28,2005.Transefrred to Nebraska on May1, 2006. Got RFE on August 2006. relied back on Oct 31, 2006. Rd RFE on11/1/06,
LUD 11/11/06.
Called Customer service on Jan 2, 2007 ( after 60 days passed).
Now there are three LUDs
2/3/7
2/5/7
2/6/7
as well as LUD for all my I-485.
There is LUd Change for my preapproved I-140 (NIW, approved on 11/21/06, after that there was no LUD for that).
Does any one know why there is LUD for approved I-140, does the officer who is looking my EB-1A is also looking for the NIW approved, but I filed EB-1A first and I filed NIW after 2 months of my EB1.
It is going to be positive effect or what.
any one can shed some light on this process.

thanks
abcavm123
 
I 140 - Company's Financial Records Weak

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

Friends,

We filed 140 in April 2006, we received a RFE in Dec 2006. They wanted my company's financial records and details documentation on my education. My attorney looked at the documents and a day before filing told me that my educational documents are very good but my employer's financial documents are weak i.e. they have been showing net profit of 0 or negative in the first two years after we filed my LC, where as the revenues or gross income has always been good. My attorney says that my I140 may be denied based on the employer's financial documents. We filed the answer to RFE on 6 February 2007.

My 6 years visa expires in August 2007. I cannot get any extension if I-140 is denied, has someone been in a situation like this?

Also what are my options if my I-140 is denied.

Please help I dont have much time left.

Thanks
 
Last edited by a moderator:
You have many options
1) File for H1B extension based on your approved labor and pending I-140, you can file for H1B extension before six months its getting expired. you are eligible to file an extension. I would advice file it in premium processing , so that within two weeks you will get H1 till 2008 August and you will have enough time.

2) In case if your I-140 gets denied before your apply your H1-B , you can appeal against your I-140 denial and based on the appeal you can file your H1B extension.

PERM2006 said:
--------------------------------------------------------------------------------

Friends,

We filed 140 in April 2006, we received a RFE in Dec 2006. They wanted my company's financial records and details documentation on my education. My attorney looked at the documents and a day before filing told me that my educational documents are very good but my employer's financial documents are weak i.e. they have been showing net profit of 0 or negative in the first two years after we filed my LC, where as the revenues or gross income has always been good. My attorney says that my I140 may be denied based on the employer's financial documents. We filed the answer to RFE on 6 February 2007.

My 6 years visa expires in August 2007. I cannot get any extension if I-140 is denied, has someone been in a situation like this?

Also what are my options if my I-140 is denied.

Please help I dont have much time left.

Thanks
Click to expand...
 
pabhski said:
You have many options
1) File for H1B extension based on your approved labor and pending I-140, you can file for H1B extension before six months its getting expired. you are eligible to file an extension. I would advice file it in premium processing , so that within two weeks you will get H1 till 2008 August and you will have enough time.

2) In case if your I-140 gets denied before your apply your H1-B , you can appeal against your I-140 denial and based on the appeal you can file your H1B extension.
Click to expand...

Thank you for the reply. I am talking to my attorney about doing that. Its difficult to find another employer in such a short time and file a new ETA at the same time.

I will appreciate any other options or suggestions.

Thank you
 
GYC said:
If your company can show positive net current assets and the amount covers your wage gap, you will be fine.

Read this thread, it helps
http://www.immigrationportal.com/showthread.php?p=1608593#post1608593
Click to expand...

We have filed the RFE...my attorney told me about the problem a day before the RFE due date and before I talked to the employer and called him back they had already mailed the response.

The employer says they can meet the current assets criteria but the attorney overlooked the point. Is it something that I can use for re-opening the case?

Thanks
 
Hello Everyone,

Does anybody utilized the following option: If yes let me know I have some good suggestions.

Transfer of the Earlier Priority Date : EB3 to New EB2 ©MurthyDotCom

The ability to transfer priority dates from an earlier, approved, I-140 to a later-filed I-140 could provide an alternative for job mobility, both within the current employer's organization or with a new employer. This would be helpful for those who want to make a change but are not eligible to file the I-485 application because of retrogression. It also could help people who are eligible to change from an EB3 classification to EB2. One would be eligible to request a transfer of the priority date from the earlier-filed EB3 petition to a new EB2 petition once the I-140 is approved. The new EB2 petition would need to be based upon a new LC for a position requiring the EB2 level of education and/or experience. (Over time, many people with EB3 cases have become eligible for EB2 cases due to increased experience and/or education, and promotions.)
©MurthyDotCom
This strategy potentially could shave off a few years in the queue for available immigrant visa numbers. This may be particularly appealing to those who had EB3 labor certifications filed on their behalf long ago and have had their cases pending while they have gained advanced degrees, acquired several more years of experience, and/or are offered jobs at higher levels. Keep in mind, though, that this involves filing a whole new LC under the PERM system for a new job opportunity and that the employer must actually require the additional degree and/or experience for all persons holding that job classification in order for the new case to be filed as EB2.
__________________
 
Recd. RFE

I just received an RFE from NSC for my I-140 which was filed as detailed below in my signature.
My Lawyer is replying on Wednesday and I hope to hear some favourable news next week. PLEASE PRAY for me!
The wait was so long during my LC and I am still encountering problems even after doing Premium proccessing. As luck would have it my case landed in NSC.
 
A company have around 10 employees and filed an I-140 on a substitutuon on my behalf.

They first asked for RFE to determine the ability to pay

Surprisingly they asked second time for all the bank statements and W2's of all the employees in the company. This time they stated that "Due to computer Glitch, half portion of the RFE had not been sent, hence we are giving you an additional opportunity to submit". This is a very strange and surprising RFE. We submitted the rest a week ago
 
Hi Guys,

Can anyone help me with this, how much time does it usually take to receive a response after submitting RFE. Service Center is NSC.

Thank you for your help in advance.
 
My response was sent on Dec 08 2006 yet no decision. I converted my case to Premium Processing but my check was returned stating decision has been made but haven't received the decision yet.

Will keep you posted.
 
weak company financials : need advise

Hi All,
DOL BEC website shows my case status as certified. We are planning to file for I-140 next week and I have similar issue.
1. My labor was filed in 2002, and company has revenues, but being a startup has been in net loss.
2. Also the number of employees is less than 5.
What kind of paperwork can be sent along to prepare a stronger case? Can these two cause problems with I-140 filing? I have been on company's payroll since 2002.
Does size of company have effect on 140 filings?
Thanks in advance.

PERM2006 said:
--------------------------------------------------------------------------------

Friends,

We filed 140 in April 2006, we received a RFE in Dec 2006. They wanted my company's financial records and details documentation on my education. My attorney looked at the documents and a day before filing told me that my educational documents are very good but my employer's financial documents are weak i.e. they have been showing net profit of 0 or negative in the first two years after we filed my LC, where as the revenues or gross income has always been good. My attorney says that my I140 may be denied based on the employer's financial documents. We filed the answer to RFE on 6 February 2007.

My 6 years visa expires in August 2007. I cannot get any extension if I-140 is denied, has someone been in a situation like this?

Also what are my options if my I-140 is denied.

Please help I dont have much time left.

Thanks
Click to expand...
 
If you have pay stubs from the year 2002 (which I am sure your HR or Accounting can help with) stating pay equal or more than the salary in the LC, that should be a very strong document for you. You can also show company's assets to ensure approval. Good Luck!!

Let us know how it goes...
 
Filing second I-140 in EB3

Hi Guys,

I have situation like my EB2 I140 approved with priority date 2006/feb (with RFE) approved , and my Labour from backlog EB3 approved dated on 2004' June going to file I-140.

Now my salary for this year is low as 60K, Last year was 72K.Since due to some project funding i am getting low.

If i get my priority date porting and when i go for I-485, i will have any issue, it is going to be EB2 Filing.

Would they revoke my salary for this year.For example if i file I-485 next year.

Gurus pls. share your Exp.

Thanks
asish
 
Priority Dates....

My Labor just got approved 2 days ago. I am still waiting for the papers from DBEC. Can someone help me understand the priorit dates for I-140? Is the waiting time for I-140 is same (looooooooooong) as the LC?:)
 
My I140 was denied and got letter on 8th March, 2007 (Notice date: 21st February 2007). My case was filed under EB2 category and I had 3 years
degree issue.

I am now planning to file under EB3 using the same labor. Can I file under premium processing for new I140 application? The only advantage is I can extend my H1B for next three years.

Regards,
 
RFE -- Please advise

Hello,
I received a RFE today. I have no idea what the RFE is about. Hopefully , it will get to my lawyers in couple of days time .

1. What are the chances of denial in I-140. My case is a company buyout case , two levels of aquisitions. Couple of other cases similar to mine got approved. My company is one of the fortune 500 companies. So no finanacial problems. The lawyers are also a top notch firm . I dont know what got goofed up in my case.

2. My I-140 was filed under premium processing. if lawyers send the requested documents , then would the RFE be also processed in premium.

One waits for four freaking years to get the labor approved, does all kind of shit job since you are on H1 and cannot move and now this :(

Lets hope and pray for the best.

regards
 
I-140 Approved

I just received an email notification that my I-140 got approved.
Now my wait continues for my priority date to become current.

Good luck to all those waiting.
Thanks for your support.
 
Rfe For 140

Most RFE for A2P, experience, education,
do they ask for w-2 or tax report of those yrs when working for previous employers? thanx
 
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