Question regarding RFE/I140/EAD

N

NoVAguy

Registered Users (C)
I am a concurrent filer 485/765/140 filed in December (EB3 category). Recently checked case status and saw that an RFE was mailed to me a few days ago (yet to receive it in the mail, so don't know what it is about). EAD not approved yet, over 60 days since the notice date etc. Was just wondering if RFEs issued on I140 has any effect on EAD approval i.e. does the BCIS wait until they receive RFEs to approve/deny EADs? And also is it a positive/negative thing to receive an RFE for 140 after two months from the notice date?

Novaguy
 
What was the RFE for... not meeting required qualification. The reason why I am asking is I using a substitution labor and my lawyer feels I may get RFE.

Thanks
Matador
 
Hi,
My I40 filed on Dec 13th 2002(Labor substitution) in VSC. I got the RRE on March 24th, RFE reg. company financial status, My attorney will b answering sometime this week.

Nova guy---> One way it is good, that someone is started working on your case, if Immigration officer satisfies with answer provided by ur attorney, Ur case might b approved, hope for the best :).

matador2000 ---->It may not b true all the time, Substitution labor case will b given RFE, depends on officer/attorney(based on documentation)/company financial status. I have one friend whose 140 was approved after six months from VSC, no RFE, he has used sub. labr.

Hope this helps,This is my knowledge after discusiing with paralegal. I will let you know, As soon as I hear from INS/BCIS.

Smiles......
 
Venu Sarraff,
Which EB category are you in? I am labor substitution too. Did you find concurrently? If so, what is going on with your EAD and I-485. Let me know.
 
venu Sarraff and Nova guy,

My lawyer will be filing for both I-140 and 485 concurrently. My lawyer is skeptical and has already assumed that I would receive RFE. The reason is the education background in sub labor. The requirement is BS in comp sci, MIS or related field. My background is BE(mechanical), I thought it would fall in related field, my lawyer says I might receive a RFE. What do you guys think. Well I have done a few computer related courses as part of the curriculum.
Consisdering that I am in 6th yr of H1 I have few options left. Any inputs from u guys would be appreciated.

Thanks
Matador
 
Matador2000,
If you are filing I-140 with labor sub. labor certification, your education and work experience must be equivalent to what was approved on the labor certification. For e.g. If the labor certification was approved on 2 yrs work experience and a BS degree in Comp. Sci., you must have just that or better i.e. (2+ yrs experience and a BS in comp sci. A master's degree or any post graduate qualification in a related filed would not cut it. That's just an example. My lawyer told me this prior to me filing my I-140. So your lawyer may be right about getting the RFE when you file. It may ask you to get an education evaluation to decipher if what you have is equivalent to what the labor certification was approved for. Hope this helps.

By the way, my lawyer has not received the RFE as yet. So I don't know what it is about. I am just hoping that it is nothing to stress me out.
 
Novaguy,
The sub labor requirement has 2 yrs of reqd work exp when filed, I had 4 yrs at that time. the degree req was BS in comp sci or MIS or related field. I am trying to fit in related field. If i do get RFE what should the evaluation state, and will lawyers be able to get whatever they want from evaluators. Do you know of any evaluator who would go extra mile to do so.

Thanks
matador2000
 
Well I have a B.S. in computer science and I'm pretty sure most of the courses you did for your mechanical degree willl be different from computer science courses. I have never dealt with an evaluator but maybe I'll have to get one depending on what this RFE asks for. Your lawyer should give you the best advice, that's what u r paying them for. Keep hope alive.
 
Do you have any idea when I-140 processing for eb3 would speed up. I more worried about timing issue.

Matador2000
 
I have no idea....apparently they are now processing I-140s that have ND in mid-2002....yet sometimes you see people with later NDs being approved...they are a very unpredictable bunch over there at the BCIS. All you can do is sit by like the rest of us and play the waiting game.
 
Venu Sarraff,
Definitely keep me posted with the developments in your case. Did FP on Wednesday.

Matador,
No I do not know what the RFE is about. Spoke to lawyer earlier in the week and she said she will contact me as soon as possible. I will call again today because we all know how some lawyers are. When I know what it is about I will post a message. Peace.
 
RFE received

Spoke to lawyer early on Friday. They received the RFE, they are requesting the company's most recent tax returns. Lawyer also told me that is the reason why I haven't gotten my work permit as yet. If they deem I-140 to be not approvable then they do not give the work permit. So she said once the tax returns are submitted and the net income is healthy, I will get the work permit. We'll see what happens.
 
Novaguy,
Do you work for a small consulting company?. I don't think this RFE you got should be of any problem.

Matador
 
No matador, the company is not small by any means. It's actually a corporation. I don't forsee any problems with the tax returns but one can never tell with these BCIS officers. All I can do is hope for the best and hope that I get my work permit soon.
 
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