RFE I140 redo. Still waiting. Anybody in same boat ?

P

prasant natwar

Registered Users (C)
My friend has got RFE for redoing I140( as company has merged with another company). INS has received his paper
 for this new I140 on Aug 28th 2000. But no approval yet.
Anybody with same boat ?
 
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I\'m sorry I do not post my info as a direct answer to your question, but two times on this board I saw that a I485 was approved pretty quick after the RFE response when required I140 was submitted... And one guy named \'akp\' has received his I140 approval within a month, but only for his I140. According to his last post (10:16am Sep 8, 2000 SET) he is still waiting for his I485 approval.

I am extensively researching the subject, so could you answer the following:

When one redoes his I140 on response on such an RFE should he specify the latest salary figure (which INS already knows from his previous RFE) or the old one from his your original Labor certification (I\'m EB3 and I received the second RFE asking for new I140). Thanks in advance.
 
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I don\'t know about that as my friend\'s lawyer did everything and my friend didn\'t supply Salary information.
I don\'t think I140 and Salary are related.
 
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Believe me, they are related

I have the form right in fron of me. Is that a big deal to verify with your friend, what they wrote in there (I mean old or new salary)?
 
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I would put down the new salalry on the I-140. It is my understanding that INS doesn\'t frown on salaries that are higher than what was indicated on the LC; they want to make sure that the wages are not lower.

Good luck.
 
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I have seen a lot of questions regarding redo I-140. I went half way thru the phase. Here is my case and my 2 cents.
I did my labor and 140 thru one company. My company got bought and the name changed before I could apply for 485 (due to priority date not being current). I applied 485 with the new company. That\'s the reason I got RFE to redo 140 with the new company as the petitioner.
My lawyer redid my 140 and he got the 140 approval letter on August 25th. Now I am waiting for 485 approval. 140 approval took only 2 weeks. This is because you have to send all the necessary documents (with 140 form) with the original blue RFE letter. That becomes your expediate process. There is no separate form to expediate your 140 process. Just because it was a RFE, and your priority date will be a lot earlier, your case will go thru fast.
Now regarding EAD - do not worry. USe your existing EAD and renew it as before. This is because you are just amending your 485 process.
      If your company merged after you applied 485, then do not do anything - just wait. You should get approved directly without any RFE. In case you get an RFE to reproduce pay stubs, 1040, etc, then it is pure bad luck. In that case, you will show pay stubs with the new company. Then you will get second RFE to redo 140. In my opinion, just wait.
You have to redo a complete 140 process - that is send the check, company documents, profile, etc,etc. If that shows that merger, it will get approved faster.
I have seen a case where the lawyer sent a letter rather than re-file 140. After two months, it got approved. But, I have seen only one case. But in my RFE, it was clearly written to redo 140 if the company merged.
In my case, I am frustrated. 140 got approved 3 weeks ago. I do not why there is delay in approving 485?
Hope this helps all of you
 
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To AKP:

I am in redoing I-140 process. Could you give me some guidance on the process.

My lawyer told me that I can\'t apply a new I-140 since the application requires specifically original labor cert approval, which was filed along with the first I-140. He also said in this case redo means to amend the old I-140 which is a different process from applying a new one.

Any help is appreciated.

Thanks.
 
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