Tracker for EB3 cases

I-140 seekers,

Looks like these BCIS suckers are sending RFE left and right while doing prima facie review. This is just because they want to buy some more time. The reason I am concluding this is that people who didn't do concurrent filing (but has filed I-140 more than 6 -8 months back) are still not picked up.

So, if you get RFE, my advice is not to get panic. These are not real RFEs, they are meant to delay the process.


Happy New Year, guys !! I hope that there will be some miracle in late 2004 because election is coming and Bush will try to win this time too. I remember Clinton did couple of good things just before the previous election.
 
re:

dpshah ..
was ur case concurrently filed.


also my friends whose i140 was approved is of eb2 category with concurrent filing.
 
re:

his RD and ND were sometime in mid august .his company size is atleast 100 but i am not sure. anyways the company is doing good in terms of financial status etc ....
 
oops, i found the letter when i got home.

RFE is for Company's Ability to Pay.

I need to submit either annual report, federal tax returns
or audited financial statements of year 2001 and 2002
 
to Kenboo:

Could you tell me if your lawyer or company mailed a copy of the RFE to you? Recently, an RFE was issued in my case as well - requesting tax records and other company information but I didn't get a copy of it - My lawyer just informed me and when I asked for actual details requested, he seemed to suggest that it was confidential.
 
My understanding is that I-140 belongs to your employer.
So basically either lawyer or the employer receives RFE.
In my case, my lawyer received RFE, and he made a photo
copy and sent it to me.

I think the actual details are in a standard form + some customized message. The date is Dec 10, and actual mailing date is Dec 24 according to the online status checker.

WAC 03 xxx xxxxx
Page 2

Ability to Pay: Provide evidence of the petitioner's ability to pay the beneficiary's wage. The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns (with appropriate signature(s)), or audited financial statements.

The petitioner is requested to provide this evidence from 2001 to 2002.

Note: Please include all Tables and Charts.

ATTACHMENT TO I-797 CSCXXXXX/WSXXXXX/DIV I/12/10/03
Click to expand...
 
re:

Guys .
I know people are taking a lot of effort to reduce the backlog in I485 petitions . Is there something that we could do for th I140 applications.
 
hi Dpshah

I got Federal Tax Return docs for year 2001 and 2002. about 60 pages. One of the problem I'm having now is that my company did not make 'annual report'. Im not sure whether a corporate is obligated to make an annual report by law. (Probably they are. Share holders should receive a copy of the report) The size of the company is small with just over 10 employees. My lawyer told me that a balance sheet is OK (better than nothing). The Tax Return document doesn't have graphs and charts that RFE demands to include. I think it's a good idea to attache conrtact documents
of projects which I'm working for. Will discuss with lawyer.

Originally posted by Dpshah
Hi Kenboo,

I received the same RFE, which papers did you send in response?

Thanks.:confused:
Click to expand...
 
Dpshah,

Thanks. You, con-current guys are better off than non-concurrent. Because, at least, USCIS workers has opened your file..RFE is common anyway just to delay the process..
 
In my case also 140 filed alone not 485 but in CA it is taking a year, So I am planning to file 485 myself but employer will come to know about this, as BCIS will review my I-140. So is it true in case of concurrent, 140 will be reviewed??

Thanks,
rb180
 
Hi all,

My LC was finally certified, which brings me to this forum. my preference category is EB3 and I have a question:

My first H1B expires in Dec of 2004 (this year) and I am about to file I-140 and I-485 concurrently. Is it possible to renew my H1B while my I-485 is pending? you may be asking why can't I use an EAD and my answer is because I want to remain in a non-immigrant status. I am planning to get married soon and I want to be able to bring my wife to the US in H4 status and then be able to include her in my I-485 application.

Any info regarding this subject is greatly appreciated.

Thank you,

BLKHAWK
 
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