Tracker for EB3 cases

I figured out the formula. Thanks mustbepatient. Since I don't know accounting, I misunderstood what 'mustbepatient' suggested.

The assets what USCIS looks at is actually Net Current Assets.

Look at asset section (Schedule L?) of corporate Fed. tax return:

+Line 1 cash
+Line 6 other current asset
-Line 16 Account Payable
-Line 18 other current liability
-------------------------------------------
=net current assets

A case will be denied if the taxable income and net current assets are negative.

At my company more than half of gross assets was 'account receivable' which is not considered current asset. This is why USCIS denied my case although the total assets looks OK

kenboo
 
Last edited by a moderator:
hi gcpend,

yes i remember the thread, and figured out which numbers in the tax return are actually taken into formula.

So I will ask prospective employer to do math before giving me a job interview :D
 
Little hope

140 pending for more than 2 years. Got 2 RFEs, response to the last one was received by BCIS more than 9 months back.
EAD and AP approved on April 6th (as per the online status) after more than 1 year 3 months.
I am hoping that in another year or so the I-140 will also get approved.
 
Kenboo,

Are you sure with the calculations and the statement "A case will be denied if the taxable income and net current assets are negative."

Because I need to do check with my employer about the numbers.

My employer filed a taxable income (line 30) of approx 16K while my proposed salary is approx 80K and line# 11 is 700K

I don't know my case will get approved or not

Any thoughts?
 
hi gcpend

My case was denied due to negative taxable income, and negative assets. That was clearly stated in the denial notice.

The calculation of net current asset must be correct for my case. Any numbers stated in the denial notice matches exactly to the calculation that I posted. Well, at least I'm trying to spell out the myth of determination.

I guess you're talking about 1st page of tax return (line30,line11).
In my opinion, you're fine since your employer is making profit (= net income is positive even after paying salary and all the deductions). I think USCIS looks at net current assets only if the taxable income is negative.

kenboo
 
All,

My I-140 has been APPROVED by CSC

Priority date:- 06/2001
Labor Approved Date:- 04/2003
I-140 RFE date: 02/04/04
I-140 RFE response sent date: 03/25/04 by mail
I-140 RFE response RD date: 04/02/04
I-140 Approved date: 04/08/04

RFE:-
Company's ability to pay (2003 tax return), DE-6 for all 4 quarters of 2003, last 3 pay stubs (Oct, Nov, Dec 2003).

Documents that were sent with the RFE response:-
All the above requested documents plus pay slip for Jan, Feb and Mar 2004, W2 of 2003, My individual tax return of 2003

Company Info:-
Company's taxable income $17K approximate.
Current salary is less than 11K of salary specified in LC
Company employee size ~10

All the best folks
 
BCIS update---
EB3 moved to May 28.

My I-140 ND: Sep.2 2003
I-485 ND: Jan 2 2004
EAD AD: Feb.24 2004
FP done: Apr.8 2004 ( online status showed)

I-140/485: pending, no RFE
 
Actually.... I'm suspiscious that eventhough the processing date is advancing, cases aren't being reviewed.

For the last few weeks, the processing dates have been moving forward at the rate of about 1 day per calendar day.... but I haven't seen many people posting here saying their I-140's got approved/denied etc.

Makes me wonder if the wheels are spinning but aren't hitting the ground. My receipt date is July 21.... soo damn close!

Douglas.
 
I-140 Will Not Be Processed until I-485 is Ready to Be Processed

I-140 Will Not Be Processed until I-485 is Ready to Be Processed
Dont know whether to laff or cry!!!
http://www.murthy.com/news/n_newpro.html

On the one hand while they start concentrating on adjudicating new cases in 90 days, here's a new twist to pending 140s!!!!


I-140 Will Not Be Processed until I-485 is Ready to Be Processed

The Ohata Memo states that, even when the I-140 is ready for processing and placed on the 'ready to adjudicate' shelf, it will not be processed unless the I-485 is also ready for adjudication. The I-485 is not ready until the fingerprints and name checks have cleared. Essentially, the I-140 will be held in abeyance until these procedures have been completed in connection with the I-485. This raises significant concerns for the application of AC21 portability. AC21 portability, as interpreted under current USCIS memoranda, requires an approved I-140 and an I-485 that has been pending for 180 days. Thus, delaying the I-140 adjudication until the I-485 can be approved inevitably will curtail the ability to use AC21 portability in most cases under these current USCIS interpretations. Of course, since AC21 is only available for long-delayed cases, if the new process speeds adjudications to within a six-month period, AC21 portability is not an available option. While we would certainly favor case adjudications within fewer than 180 days, current processing times are approximately two to five times this timeframe. Thus, this may not be a realistic goal, at least in the near future.
 
Approved I140

My I140 got approved yesterday (04/29).

Original Labour
Non-concurent I140, opted for CP.
EB3
RD - 06/30/2003
No RFE
AD - 04/29/2004

My online status is updated today.
 
Congratulations sesani. After a long time we are seeing an approval with no RFE. Can you let us know how big is your company? or did you file with Financial documents, etc.,
Thanks,
 
My company is a big company. I don't know if my (company) lawyer has applied with company Financial docs but I am expecting Company Financials should definetly not be a problem for me.




---------------------------------------------------------------------------

Congratulations sesani. After a long time we are seeing an approval with no RFE. Can you let us know how big is your company? or did you file with Financial documents, etc.,
Thanks,
 
Hi vfwlkr,

congratulation! Your RD is my birthday:) this progress gives me some hope that my EB3 non-concurrent application (RD sep 3) will be approved sometime soon.

I was wondering if you could share some additional information with the board about your case:

1. are you using substitute or original labor?

2. What is your occupational category?

3.What size is your company?

Thanks,
I140inCA
 
Last edited by a moderator:
Wow, My case is also an EB3 and the receipt date is only a week after yours.... 7/21/03. It's concurrent though...
 
You must log in or register to reply here.
Top