Tracker for EB3 cases

Please check the wednesday questions/chat logs on usvisanews website. I remember seeing the same kind of question recently. The difference was that the company had forged the beneficiary signature for filing the LC. The attorney adviced him to complain it to DOL.
 
Has anybody applied or got 8th year H1 extension ? I know lot of guys got 7th year including me. I wonder whether BCIS will have any problem in issuing 8th year extension if somebody got 7th year already. It shouldn't but I just want to see whether there is any experienced guy there..
 
Hi all,

I finally got the RFE, they are requesting "all IRS form W-2, wages and tax statement of the beneficiary that relates to all applicable work experience earned in the US"

I'm a little nervous because I meet the labor cert. salary for 2001, but for 2002 my salary was 10% lower. Right now (2003) my salary is higher than the LC.

Should I be worried? Can they denied it because my salary was slightly lower than labor cert. last year?

Thanks!!!!
 
Re: Re: 7 months for the extension

Originally posted by popsy
Thanks for your reply. But, how long have you been waiting for EAD? I heard that you could get an interim EAD if it has been 90 days. Also, did your attorney talk about any specific risk with using EAD to continue to work after 6 years are up? My six years will be up Mar'04 and it has only been 2 months since I filed for EAD and my attorney hasn't raised a red flag!!
Click to expand...


Been waiting for the EAD since January 2003. Didnot apply an interim EAD as the attorney advised against it. Looks like keeping an H1 status in tact would help to stay in the country and work if something went wrong with the GC process.

H1 extension was filed somewhere around the first week of march ( appr 2 and half weeks before the actual expiry of H1). So you do have some time on hand ...
 
Re: Re: Re: 7 months for the extension

I just got my lobor approved. What is the best way to apply for I 140 and 485. Is it good to apply for both at a time. Which one does not result in RFE? Ours is a small company with few employees?
 
venkatram, congrats on your LC approval. I don't think applying I-140/I-485 concurrently will result in RFE.
 
Hi Hermione,

Does "all APPLICABLE work experience earned in the US"
mean the experience that you have earned before the LC was filed or do we need to submit all the W2's even with the present employer....? Because, anyway we cannot claim the present employer experience for I140 hence we dont have to present the present employer w2 just to avoid possible RFE's as much as possible. May be we can submit last 3 to 6 month pay stubs. Also if the salary is a bit higher(about 15%) than what is presented in the LC should be ok as it is very natural in many cases.

Have you heard any cases denied because of w2 descripencies?
Usually they deny in on the education evaluation basis.

My case is filed as 0 yr experience. Has anybody whose LC/I140 filed as 0yrs exp got any RFE's...?

Please reply, Thx in advance

Please post your replies.

Thx. in advance



Originally posted by Hermione Potter
Hi all,

I finally got the RFE, they are requesting "all IRS form W-2, wages and tax statement of the beneficiary that relates to all applicable work experience earned in the US"

I'm a little nervous because I meet the labor cert. salary for 2001, but for 2002 my salary was 10% lower. Right now (2003) my salary is higher than the LC.

Should I be worried? Can they denied it because my salary was slightly lower than labor cert. last year?

Thanks!!!!
Click to expand...
 
venkatram,

All applicable experience means all the experience including the present employer. For example, in my case, I have only worked for this employer, so all my W2s are from my present employer.

I think (please, check, I dont remember) they request to send last year W2 with you application. I did that, but now they are requesting all of them. I dont know why, and I dont think they do it for all cases.

My case was filed with 0 years of esperience, and I got already 2 RFEs, but for company's ability to pay. I dont think you will have any problem because of the lack of experience.

Good luck to you and keep updating us with you status.
 
Originally posted by arajaa
I am wondering once I-140 is cleared/RFEd whether all the folks provide the details in this forum. They might forget to update I-140 forum and jump onto I-485 forum.

I request all of the folks to update this forum based on the update they get on their I-140.

It helps us a lot.

Thanks very much
Click to expand...
 
to lcauser

hi

You mentioned that concurrent filing results in RFE.
Do you still think so even after 'zero tolerance policy
withdrawn'? How safer if I-140/485 are filed separately?
Any data? I'm just curious.

-kenboo
 
kenboo, I don't recollect of saying that concurrent filing would result in RFE. If I have said so, I am sorry.

Personally, I don't think concurrrent filing will generate a RFE on the case.
 
I140helppls ,

They don't have the report yet because there is nothing new to report now !! Just kidding !! They are probably waiting for Nov 1 to release the report, I guess..
 
Any activity at all out there on the EB3 front? The latest updates suggest EB2 dates moved by about 1.5 months whereas EB3 dates moved by 3 days. Any approvals/RFEs etc in the last few days for EB3 apps?
 
Hi all!

Just to let you know that my I-140 was approved, I saw it today on the website. It says that they mailed the approval notice yesterday.

It took 11 months (I applied january 26, 2003), and two RFEs to get it. My company is very small, only 5 employees, so they asked for many things.

Thank you so much to everybody in this forum for their support, and good luck.

Hermione
 
You must log in or register to reply here.
Top