RFE on I-140 - EB2

Originally posted by mysunny007
Atulh !

You seem to have mistype some thing . Carefully look at dates . I can not believe that 140s in EB2 category ( Labor - not NIW) submitted in 2002 are not adjudicated yet .

(a) Please enter the data in the consolidated tracker
(b) Please post your currect dates here .

Thanks
Sunny
04/01/03 140 EB2 ND
AD 04/17/04
( I am expecting to be approved by that day. i am so sick of waiting )
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Hi mysunny007

Yes these are my dates : the error was on the RFE receive date its September 4, 2003.

Still waiting ....
EB2 RIR
Labor
State - NH
I140 RD 06/08/2002
I485 RD 01/12/2002
FP RD 03/04/2003 Done
I140 RFE ND 09/04/2003 Same situation as yours
RFE Response RD 29/10/2003
I140 AD ??????? Still waiting
2nd EAD Renewal RD 01/13/2004 Still Waiting

Can anyone tell me how long should I wait ...??? My Lawyer says I140 is backlogged.

The online message is as under :

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status:

On October 29, 2003, we received your response to our request for evidence or information. It is taking between 90 and 485 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.
 
mdgc,

when was your RFE generated? I had a RFE generated on Apr 5th, but my laywer hasnt still received the RFE. Usually, how long does it take for the lawyer to get the RFE?
 
Originally posted by gcwaiter_74
mdgc,

when was your RFE generated? I had a RFE generated on Apr 5th, but my laywer hasnt still received the RFE. Usually, how long does it take for the lawyer to get the RFE?
Click to expand...

My lawyer got the actual RFE 1 week after the online was updated
 
Originally posted by gcwaiter_74
hmm..it has been more than 9 days since it was generated and still no sign of it. What action should I take now?
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I would say give it another day, I beleive the onlien message tells how long you need to wait before contacting INS
 
to gcwaiter_74:

I have exactly same situation as you do. My I140 RFE is issued on April 5 per on line status. It has been 10 days already, My attorney still have not received anthing yet. Everything is slow for INS. God damn it !!!! By the way, My 140 ND is EB2 case.

good luck to you man!

Chandler
 
dancefanatic & mysunny007

I got the exact same requirement from CIS, but my company refused to release tax return, instead of that, just provide a CFO letter(a small company), could it be a problem? I have all pay stubs which number exactly match the number in LC in 2001.

My lawyer said, CIS just wants to see company has ability to pay the LC amount in 2001, pay stub should be enough. tax return is optional.

Nowdays, if you provide exact what CIS want, they still try to give you hardtime. now, this maybe a good excuse to kill me.

any comments?
 
I got the RFE on April 05 , My Lawyer got the paper from INS on Monday . For I140 query they used to send to lawyer or company.

Mine is EB2 . and they request for the proof of 5 years experience letters with deatils .Already i have 5 years experience in USA it self .
 
RFE on Apr 5

gcwaiter_74,

My RFE was generated on Apr 5, 2004 and the lawyer received it on Apr 14.

Mdgc
 
Certified Tax Return - Plan

I spent considerable time today talking with BCIS and IRS to figure out how to respond to the company's tax certified return requirement in the RFE.

IRS said they do not have a procedure for certifying company tax return. Instead, they said go to a local IRS office and get the company return 'stamped'.

BCIS said, write a covering letter when responding to BCIS's RFE that IRS said that there is no procedure for certifying company tax return.

While talking to BCIS and IRS, they provided the employee ID of the persons we were talking to for their reference. My company representative is planning to go to local IRS, get the return 'stamped', and write a covering letter quoting all the references from BCIS and IRS. This is the current plan of action. I work for a small company with < 50 employees.

mdgc
 
Hey Chandler,

Just talked to my attorney and he hasnt received it yet..wonder whats happening..here I cant wait to see what the RFE is about and yet cant do it...Keep me posted abt your status...
 
What happens if BCIS not satisfied with RFE reply

RFE issued 4/15/04 for 140 ND 6/03/03
Just wondering what the options are - if BCIS is not satisfied with RFE reply(leading to further RFE or Denial)

What can they ask for other than
1) Company's tax returns for ability to pay
2) Experience letters and educational eval for candidate
(Mech engg plus 5+ years US exp at time of application)
3) Current paystubs and latest W2

Small company < 50 but remember seeing 3 mill turnover / 25 employees in one of the applications

As of application, Mine was future GC - applied 140 in mid-May, 2003 and got on the payroll by May end. W2 amounts are not solid and hence very tense.

140/485/EAD/AP ND 6/03/03
140 RFE 4/15/04
EAD and AP issued Mid july (7/11 and 7/15 I think)

8th Year H1 ND 3/31/04
2nd EAD/AP ND 3/19/04

sda21
 
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AP approved...but still I140 pending

2nd AP got approved today. (ND Jan7, 2004). I wonder if it is the web update mistake, because I see the similar type of message for my EAD case status.


However still I140 is pending. A decision on 140 should be on the way (RFE or approval).

for ability to pay 'NET CURRENT ASSET' should be higher than the proferred salary. How can it be rectified for the past? It can't because tax returns are already filed. so in that scenario I140 is doomed!! It is too bad...wrong place, wrong sponsor and wrong timing. I.e being in a wrong place at wrong time. During boom time (1998-2001) similar situation wouldn't have occured.
 
I don’t understand this logic 'NET CURRENT ASSET' should be higher than the preferred salary.

In my case, My Company had a small profit after all expenses (including my salary) which is less than my salary.

BTW, I got an RFE on “company’s ability to pay” and mine is just two employee company and our revenue around $400k-500k.

Should this be a problem to my I-140?
 
deepakanu

You should be ok because you are already being paid by the company. If your W2 amount is equal or greater than LC labor wages then company already had the ability to pay so your case will be through...provided you can show that they have money to pay your salary atleast next six months.

For people with future GC sponsorship, company's 'NET CURRENT ASSET' comes into play. I am in this situation.
 
Thanks for your encouraging word. Yes, My company has been paying salary mentioned in my LC. Also we have enough money, booked business to run our company for at least next one year.
 
gcwaiter_74

I have not received the damned 140 RFE yet. 11 days passed ... I definitely feel what you feel ....

Based on the on line message, we can call INS to inquire it if we do not receive it 14 days after the RFE is grnerated. I will wait till next monday ..

good luck to you !

Chandler
 
Chandler:

Yes, we can talk to INS on Monday. But I think the lawyer will have to initiate the query since its a 140 application.
Anyways, will check with my attorney to see if anything came up in today's mail..

Good Luck..
 
Originally posted by gcwaiter_74
Chandler:

Yes, we can talk to INS on Monday. But I think the lawyer will have to initiate the query since its a 140 application.
Anyways, will check with my attorney to see if anything came up in today's mail..

Good Luck..
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Yep GCwaiter_74 and Chandler ...your lawyers need to initaite the inquiry
 
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