RFE for I-140, oct 2004

S

swapnilpatil

Registered Users (C)
Hello,

My employer told me that I have received a RFE for my I-140 filed in Oct-04.
I have not seen the notice but my employer and lawyer have asked for my paystubs and W2's for year 2003 and 2004. Is this normal.

Since my employer has not faxed me the RFE notice any ideas what the INS generally requests in such cases ??

Also, should I send the tax returns for 2003 and 2004

Appreciate your reply.

Thanks
 
why not?

you can ask a copy from the lawyer. For my case, only my lawyer received the RFE. My Rfe asked only financial documents from the company, nothing from myself.
 
I got a rfe too last week and don't know what it is. I have read a lot of messages on this forum and it seems to me INS mostly requests the financial and tax return info of the company and individual. But my 140 application doesn't include any of these! Shouldn't the lawyers include this kind of info in the application before submission? I have a feeling my lawyer just wants to drag out the process so that he can charge more money! They are such blood-suckers!
 
My RFE was the typical ability to pay but they did not request any W2 or paystubs. In your case maybe they want to make sure that you are being paid the LC wage.
 
andresenpark said:
I got a rfe too last week and don't know what it is. I have read a lot of messages on this forum and it seems to me INS mostly requests the financial and tax return info of the company and individual. But my 140 application doesn't include any of these! Shouldn't the lawyers include this kind of info in the application before submission? I have a feeling my lawyer just wants to drag out the process so that he can charge more money! They are such blood-suckers!
Click to expand...

While I'm not defending lawyers who are scumbags in most cases, sometimes USCIS wants to see the W2's of the candidate to make sure they are being paid relatively close to the salary indicated in th GC application. If there is a huge gap, then they might reject, but if close enough they will accept a reasonable explanation.
 
Hey Sriram,
If you are paid more than the LC wages and if the gap is huge, is this a problem too?
Thanks,
 
There is nothing like huge difference. If employer has the ability to pay the difference in amount starting from PD, then you are fine. If not there is a problem.
 
Can I-140 be filled without Labor Certification

Concern: My Labor is not approved. However my lawyer/employer is telling that they will file I-140 without labor ceritification.

I am 101% sure that I-140 cannot be filled without Labor certification.

Please Please advice, if it is legitimate to file I-140 in below situation.

Lawyer is accepting the rule that I-140 cannot be filled without Labor Certification.
However, reasoning given by lawyer is that I will be ahead in I-140 queue.

According to lawyer only 3 situation can occurr.

1. I-140 may get denied upfront for missing labor ceritification.

2. I-140 will be accepted initial LIN etc number will be given, but at time of adjudication, because of missing labor ceritification, RFE will be sent and hoping that by that time labor will be approved and copy of labor certification will be sent.

3. If labor is not approved by end of 12 weeks time period of responding to RFE then I-140 will be denied. According to lawyer, I-140 denial is not as serious as I-140 rejection. Or may be lawyer is making this story up.

Why employer wants this to be done ?
Here is reason that I can think of:

A. My labor is approved and they want to hide this information with me.
B. Mine is EB-2 category and I asked to file in consular processing.
But they want to file 1 step at a time (I-140 then 2nd step I-485) that way I am bonded labor for longer period of time.

Question: WILL USCIS accept I-140 without Labor Certification ?
 
DKEB2 said:
Hey Sriram,
If you are paid more than the LC wages and if the gap is huge, is this a problem too?
Thanks,
Click to expand...

I dont think it would be a problem as long as the position in which you are working is still the same as in the Labor.
 
Sounds shady to me. Maybe you can try to delay things by saying you are waiting for some experience letters from previous employer, college transcripts etc.. How long will it take for your labor to aprove going by the processing times for your state?

GCW8 said:
Concern: My Labor is not approved. However my lawyer/employer is telling that they will file I-140 without labor ceritification.

I am 101% sure that I-140 cannot be filled without Labor certification.

Please Please advice, if it is legitimate to file I-140 in below situation.

Lawyer is accepting the rule that I-140 cannot be filled without Labor Certification.
However, reasoning given by lawyer is that I will be ahead in I-140 queue.

According to lawyer only 3 situation can occurr.

1. I-140 may get denied upfront for missing labor ceritification.

2. I-140 will be accepted initial LIN etc number will be given, but at time of adjudication, because of missing labor ceritification, RFE will be sent and hoping that by that time labor will be approved and copy of labor certification will be sent.

3. If labor is not approved by end of 12 weeks time period of responding to RFE then I-140 will be denied. According to lawyer, I-140 denial is not as serious as I-140 rejection. Or may be lawyer is making this story up.

Why employer wants this to be done ?
Here is reason that I can think of:

A. My labor is approved and they want to hide this information with me.
B. Mine is EB-2 category and I asked to file in consular processing.
But they want to file 1 step at a time (I-140 then 2nd step I-485) that way I am bonded labor for longer period of time.

Question: WILL USCIS accept I-140 without Labor Certification ?
Click to expand...
 
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