RFE for my I-140, Bad new?

sashk

Registered Users (C)
Guys, i got a REF for my I-140

Current Status:

On November 16, 2004, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 14 days have passed and you have not received the notice, please call the National Customer Service Center at (800) 375-5283.

Is it a bad news? My company is doing very bad. There are just 2 employees in it now. My company owner is waiting for me to get my GC, so that he can close it(its that bad). Should I be worried.
 
sashk,
Depends on the RFE, if it is companies ability to pay, it is a little difficult to convince them if your company is so small, and is in bad shape. My company size is 20 people and I got the companies ability to pay RFE, they asked for 2002 tax papers, fortunately my company was doing just Ok at that time. I just got the 140 approval notice today. Keep your fingers crossed and give ample of evidence. Check Unitednations thread for "Compainies ability to pay" here - http://boards.immigrationportal.com/showthread.php?t=137088
Good Luck.
 
sashk,

First of all getting RFE is not bad news at least they are touching your case. Second company size and profit or loss is not an issue directly to effect your GC process. It may cause more chance to have RFEs.

I was in the similar situation about a year ago. I was working for a start up company. We used to have 100 people at peak time and by the time my labour got clear, there is only three people and we made lose about 2 million a year ever since it had been established. So we filed I-140 with 3 people in the company. Company owner did the same thing waiting for my I-140 approval. I had more than one RFE, I think they asked everything thye could aksed, I guess this is becuase of company size. My I-140 took about one year to approve. One thing I have to mention is that although my company was making loss but the finacial position is strong. I was paying LC salary all the time.
 
sashk

Don't worry .. I too got one and am eagerly waiting for the actual mail to see what it is. My company is sound and should not have any problems in replying such queries.

I think nowadays they are just issuing RFE's for most of the cases i think ?

-Sonpadi
 
Guys,

I am also in similar situation and Unitednation is helping a lot on this ability to pay issue.

My Lawyer got "intent to deny" on my 140. My company has 400+ employees but made some losses in bad times (2001,2002 etc)

Now today in response, my lawyer has sent last 3 years tax returns, annual report of the company along with all my last three years w2 forms.

I am really stressed but my lawyer is saying that things will be fine. She has not sent a letter from company CFO which she said was not required as tax returns and annual report has more value.

I have been paid same salary what is given in labour.

Now i don't know what's going to happen but i have faith in God and i pray for all who are in same boat.
 
Hey sashk,Dont worry things will turn out good. People like United Nations have real good knowledge of all RFEs and can help.
Can you give your details about RD/ND/LUD about your case. Also did you initiate a fax inquiry etc...Thanks
 
RFE for my case too

I got RFE message from USCIS mail system today for my I-140 eb2 category.
Waiting for the mail what it could be?? I am located in Bay area with a good company 5000+ employees


srpot
I140-Receipt date 2/26/04
I-485-Receipt date 10/10/04
FP done on 11/16/04
EAD and AP waiting for approval..
 
sashk said:
Guys, i got a REF for my I-140

Current Status:

On November 16, 2004, we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 14 days have passed and you have not received the notice, please call the National Customer Service Center at (800) 375-5283.

Is it a bad news? My company is doing very bad. There are just 2 employees in it now. My company owner is waiting for me to get my GC, so that he can close it(its that bad). Should I be worried.

Hi sashk, I want to cheer you up. The company I work for has no full time employees other than myself (a few part-timers and on-call staff only. so-called papa&mama business) and profits in 2002 and 2003 were very very small.
I don't think the size of company matters. As long as their profit is enough to pay you...
I do understand how you feel. Good luck :)
EB3
I140 RD 3-8-04
RFE 7-16-04
RFE RD 10-01-04
Approved 11-08-04
 
JinCA,

Could you please share who your lawyer is? I am facing the same problem (small business). Could you please send me a privtae mail? Thanks again.
 
Finally, my lawyer got the RFE letter from INS. They have requested for the following.

1) Copy of W-2's for 2001, 2002 and 2003
2) Employment verification letter
3) Copy of marriage certificate
 
srpot said:
Finally, my lawyer got the RFE letter from INS. They have requested for the following.

1) Copy of W-2's for 2001, 2002 and 2003
2) Employment verification letter
3) Copy of marriage certificate

Hi srpot
Your case is interesting in that they are asking for W2s for companies with 5000+ employees also! Best of Luck.
 
I got my RFE, they have asked my companies Tax return for 2001 and 2003, we have given 2002. My attorney is saying the my company must show profits. But my company is bearlu open to fullfill my GC. its under a big loss. I dont know whats going to happen.

They have some clarification about my degree and collage information.. I think these are easy one.

Can any of you tell if the tax returns must show profit inorder to get I-140 approved
 
RFE recieved !!

My attorney recieved the RFE and said that it is a fairly routine check and that I should not be concerned at all. If it is from the company they usually don't tell the employee about the RFE asked.

My guess is probably an employement verification check or something.

Wish me luck !!

--Sonpapdi
 
I got my RFE asking for my W2's -2001 to 2003 and not my company's. My company is a big company +5000
 
sashk said:
I got my RFE, they have asked my companies Tax return for 2001 and 2003, we have given 2002. My attorney is saying the my company must show profits. But my company is bearlu open to fullfill my GC. its under a big loss. I dont know whats going to happen.

They have some clarification about my degree and collage information.. I think these are easy one.

Can any of you tell if the tax returns must show profit inorder to get I-140 approved
There is a thread under Vermont 140 discussing company's ability to pay:
http://immigrationportal.com/showthread.php?t=137088
The company doesn't necessarily have to show profits. Find a copy of the Yates 06/24/04 memo. It lists the basic requirements. Current net assets for each year can also be used (from tax returns, annual reports or audited financial statements). If the company paid you the wage listed in your LC since you filed your LC, then you should be fine.
 
srpot said:
I got my RFE asking for my W2's -2001 to 2003 and not my company's. My company is a big company +5000
srpot, Usually it is routine to provide our w2's my company did get my w2s and submitted the whole package when they applied for my I-140.
 
its not a bad news - don't worrey

guys,

good news on my case. Today morning i saw couple of e-mail from INS.
140 / 485 approved !!!

mine was a critical situation as i got Intent to deny on my 140

but thanks to my lawer and HR who sent all the documents.

and thanks a lot to all you guys specially unitednations. I wish and pray for all who are waiting. just remember that GOD will always be with us and we all will get GC !!!!
 
Congrats ny178, You deserved it !!

Can you please let us know when did you file RFE and when the USCIS reviewed your case and approved. Kind of wanted to know how many days they review the RFE's ?

Thanks,
Sonpapdi
 
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