RFE on I-140 .. need your advice

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nair_ke

Registered Users (C)
URGENT - RFE on I-140 .. need your help

Hello, All.

I have applied for my I-140, 485 Concurrent filing(may'2004) in EB2 category..
I have an rfe about employer's ability to pay.

They gave us some time, my emploeyr is not willing to cooperate wit this issue,( same as desi consulting attitude)

I am getting an offer from different employer with a different skill set.
Can i change the job using AC-21 law?

can i get approval of I-140 thru this new company?
Is it possible to protect my 485 /aos status?

Can i use new I-140 with THE current 485 application( using a different employer and different skill set)?


I appreciate all your help.
Thanks.
 
Last edited by a moderator:
nair_ke, it's going to be very difficult to use AC21 if it's in different skill set. however, one way you can get your GC is to cut a deal with old employer not to withdraw your I140. Quietly wait until it gets approved.

however, if you get RFE then you may need to have new employer to file Ac21 for you. if job category is different, i think you need to start over your GC process.
 
Thank you for your response.

Thanks for your reply.

If i use new i-140 , with old I-485.. Is it not possible?
Switching I-140 aplication, let me know what do you think.

I appreciate ur reply.
 
It looks like you have no other choice but to protect your GC interest at all costs all the more so because you have got an RFE for abilityto pay .....

Some important steps to take immdiately

1. Cut a deal with your employer to respond to the RFE .. THis employer has to respond to the RFE ...nobody else will help you here...you cannot use Ac21 as you 140 is not approved..

2. Also refer to "United Nations" user id thread on how to overcome ability to pay issues... you need to make are very strong case if your current wages is less than the proferred wages...

All the best
 
Thanks ricko

Hello, Ricko.

I tried with my employer, he is reluctant.. as usual, he is blood sucker..

I am getting a pre approved labor form a diffrent company.
degree matches but not skill set.. The new employer says it is fine.
degree is mactching with job title, so it is fine.. ( it is only BS + 1 YR with skill A, SKILL B , SKILL C etc..)

I spoke to a famous attorney , he says skill set also should match.


Is the new employer is saying is right or wrong?

What do you guys suggest.
did any one has similar situation and got I-140 got approved.

Tahnks.
 
Last edited by a moderator:
i personally don't think the pre-approved LC will match unless the skill set matches or is similar!

it's posssible to have 2 I140s running. respond to the old RFE by either old employer or new employer (ac21), while file new I140 referring the same I485.

i am not sure if VSC has pilot program, but you may not get much benefit by using the old 485. check out CP to see if it may be an option.
 
nair_ke,
Look at the following link
http://www.immigration-law.com/
Go to "Breaking news" and scroll to the following topic -
09/26/2004: What Determines Occupation Classification in the Labor Certification Process?
and one on 09/25/2004.

This gives some idea of how labor/job classification works.
Hope it will help.
 
no other option

Have to get the old employer support your application atleast until the approval. After approval you could use AC21.

An improper response (also lack of finance documents) will lead to I140 denial. The employer has to help in all respect to get over the ability to pay issue.

If he is not willing to help then consider the pre-approved labor with CP option. your I485 is gone along with the old I140.
 
Why don't you try new 140 and new 485 instead of using the old 485?

In this way, you can try to work out with old employer and in the meantime have your new process also going on.

If you would go with same 485, you will get benefit of the date although I am not sure what would happen if your earlier 140 attached to same 485 is denied. Logicaly, new 140 should work but I am not sure what is the process around that. I always think that a new case is generally better than linking to old one as everything is probably cleaner in such a way. And if you are covered under any pilot program, you may get lucky also.

Just my thoughts.


nair_ke said:
Hello, All.

I have applied for my I-140, 485 Concurrent filing(may'2004) in EB2 category..
I have an rfe about employer's ability to pay.

They gave us some time, my emploeyr is not willing to cooperate wit this issue,( same as desi consulting attitude)

I am getting an offer from different employer with a different skill set.
Can i change the job using AC-21 law?

can i get approval of I-140 thru this new company?
Is it possible to protect my 485 /aos status?

Can i use new I-140 with THE current 485 application( using a different employer and different skill set)?


I appreciate all your help.
Thanks.
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