Someone please explain what would trigger I-140 redo

M

Mera_Kya_Hoga

Registered Users (C)
I am just curious to find out what conditions could trigger I-140 redo.

1. Is it company name change/acquisition? If yes then is it
       a) after filing I-485 or I-140 or labor certification?
2. Company\'s tax ID gets changed. If yes, how does INS know about it

My company was acquired by another company after my labor was filed. We filed I-140 and I485 using the new names. Will it cause an I-140 redo?

My details : PD :3/6/96 EB3, India, ND :10/27/99, FP Scheduled at Newark, NJ on 3/10/2001.

Kiran, Hanuman, Myladoor, anyone, please help.

Thanks for your time.
 
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Thanks taka-digi and Govinda Vinod for your clarification. There is another slight twist in my case. Our company was recently acquired again by another company (after my filing of I-485). However these guys have kept the old name alive (i don\'t know how) as well as the new name. I have noticed that the Tax-ID have changed (on my pay slips, also that I got two W2s for 2000) They say that they have also saved some letter heads with old names for this purpose alone. I have a feeling that if I get an RFE for employment letter, it should be OK but if they match Tax-IDs (do they?), I may need to do I-140 redo. What do you guys think on this.

Thanks,
 
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Well, that is a twist. The point will be, if at all, the name of your employer at the time your I-485 is adjudicated. If the officer sends out an RFE for an employment verification letter & last few pay-stubs, and you are able to provide them (with matching names on the approved I-140 & employment verification letter provided while applying for your I-485), then you should be fine. But if youa re also asked for last years W-2s and tax-forms too, then that might create a confusion. You might need to apply for an amended I-140. If your employer is willing, it will be best to do it right away, so that you are ready if the INS ever requests such information....
 
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Govinda, thanks for your input. I\'m not sure if going for pro-active I140 would solve my problems (in terms of getting a speedy apprival), since I am hearing a detailed discussion for people with ammended I140 on hold by VSC.

It is a matter of taking chances, I guess. If I get lucky (i doubt that since my case has taken 5 years and counting) and do not get a complicated RFE (employment letter, Paystubs and W2s), I may not need it. However a case as old as mine (PD Mar/96) has pretty good chance (as mentioned by Kiran and others) of getting an RFE.

My dilemma is should I wait for the RFE or file ammended I-140? Both options have pros and cons
1. Wait for RFE
         Pros : If no RFE is issued or simple RFE is issued, it should be fast approval
         Cons : If complicated RFE is issued, it could trigger an I140 redo, which is on hold anyway. hence more time for the approval.
2. File pro-active amended I-140
        Pros : It could speed up the case \'cause it will be in parallel to waiting for FP and other formalities are done.
        Cons : It could cause my case to hang (since some people have reported I-140redo cases are on hold at VSC), also
                  I might be blamed for un-necessarily complicating my case.

I have asked my lawyer\'s advise on this. I know that I could get much better advise on this board than my lawyer whom I am paying from my own pocket.

Again, hats off to all who are maintaining this board for their huge contribution to this young immigrant society.

Thanks all.
 
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While I understand your concerns, I would like to respectfully dis-agree with the option 1 that you have detailed....
The fact of the matter is that you will not be unnecessarily complicating your case by pro-actively filing for an amended I-140. As long as you are not replying to any RFE, an amended I-140 petition will NOT contain your A#, which will link your amended I-140 petition to your I-485 petition. Also, I understand from my corporate attorney (who is a nice and sensible person) that there is no hold on I-485 processing and I personally would tend to believe him, having known the person for some time. And once again, plain simple I-140 (redo) processing is not on hold at this time, and even if it were, it is probably a good idea to be at the head of a queue (if there is such a thing at the INS). So, under the existing conditions and information that we have, I (personally) would recommend that you apply for an amended I-140 as early as possible, even though that may be an additional expense to you.
And like you mentioned, my respectful regards to the organization that is maintaining this web-site and the user community which provides a lot of valuable input, without which we would be lurking in total darkness....
 
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Govinda Vinod,

Thanks for your input. I have seen some discussion on this board about some people\'s I-485 on hold after they got their I-140 redo approvals. One discussion is

http://www.immigrationportal.com/WebX?50@@.eeedd3a/0

and another one is in which you, monan, banda etc participated. I think there is no clear theory really but the fact that I-140 redos are waiting more than normal. I have noted your point that the ammended I-140 petition has no A#. This is valuable info from you. This means that I could really apply for pro-active I140 without affecting my I485 petition. I am somewhat convinced that I should go ahead. My lawyer has no experience in filing pro-active. I just spoke to her and she has no clue as to what I am talking about. I guess I will have to prepare all the paperwork myself and hand it to her alongwith her fee for nothing. Sometimes I wonder how many people are taking advantage of our situation. Right from employer to attorney.

Thanks for your detail reply Govinda. I wish you good luck.
 
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i had my stupid lawyer file self-initiated 140 redo and i got receipt without a#. i\'m not sure if ins will process it as amended petition or a new one.
 
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Steve,

I think you should be OK. Per Govinda Vinod, amended I-140 does not have A#/ Could you post details about how you did the self intitated I140.

Thanks.
 
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Mera_Kya_Hoga & steve1999, When I said an amended I-140 does not contain the A#, I meant only those that were filed pro-actively, not those that were filed in response to an RFE. Those that are filed in response to an RFE MUST have the A#, else they will NOT be linked with the respective I-485.
Now, to make sure that an amended I-140 petition is treated like on and not as a new one, you need to make sure that you include a copy of the previously approved I-140 and also the resoan behind the filing and also all the supporting documents detailing the change, like merger, acquisition etc. At th same time, you DO NOT NEED to mention whether you have an I-485 pending or not at all.And once you get the receipt notice from the INS, call up and make sure it is being treated as an amended one and not a NEW one...
 
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got the idea from the expert govinda, asked the lawyer to do it, who said it\'s better to wait for rfe and response to it. in case the officer handling my case doesn\'t issue rfe, i can get around it. but i know lots of people in our company were required to redo 140, i didn\'t want to take the chance. he just changed old 140 and filed together with letters telling ins the company still needs me. called ins 2 weeks later after filing and asked if they\'ll process it as amended one, got rude answer from a rough man that it\'s not of my buz, only company can ask. i don\'t know if my 485 case was marked with and linked to the 140 redo petition because of the filing or/and the inquiring. does anyone knows?
 
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steve1999, I am assuming you got a receipt notice from the INS. Once you get this, you can call up the INS and ask for a time-frame as to when it will be approved (most IIOs will provide you witht that information, atleast they did that EACH time I called). Once they tell you an outrageous number liek 6 months, you can tell them that this is in fact an amended petition and not a new one. A reasonable IIO will make sure that it is considered as one, even though I had to call 3 times to get this done in my case. And NO, your I-485 WILL NOT be linked to your I-140 redo unless they ask for it in an RFE....
 
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Govinda, just called ins and as usual, a woman told me that they are not processing this kind of case and I can\'t ask this kind of case. I beg her only to tell me the time-frame, she said 1 year. then I told her it\'s amended petition, she asked me why, I said company merge. after a while, she told me it takes 60 days. then I asked her my 485 case, she said 485 will not be processed until 140 is done.
I think she marked the 485 and linked it to 140 when I asked her in the same call. what do you think?
 
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Well, I just don\'t know what to say. Hopfully all our I-485s will be approved soon. Here we are seeing approved I-485s (after I-140 redo) trickling by as detailed in http://www.immigrationportal.com/WebX?50@@.eeee882 and some of us are being told that they have put such cases on hold. I just don\'t understand what is happening here. Also do any of you know if any similar hold is on at any of the other 3 Service Centers????
 
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i asked her if all 485 cases that have 140 redo underlying are on hold, she said no.
you can call them to make sure.
 
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Thanks for the info. That is what my company lawyer said too. And I know him for a while and he has been sincere and truthful so far, and I so, I trust him. The thing that bothers me most is that this is becoming so random that we are not able to do any kind of reasonable prediction of the processing times. And also, there are so many older I-140 redo cases pending that are not getting approved, and just a few are being posted every week. On top of all that IIOs give all kinds of wrong information that we just don\'t know what to believe. But thanks a lot for the update. Hope we all get our approvals soon....
 
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also ask her if they are waiting for further info from the headquater on those cases. she said no, and just mentioned they have lot backlogs. who knows what\'s really going on. even they don\'t know.
 
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