Why and What is I 140 REDO???

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Hanuman

Registered Users (C)
Friends I am seeing lot of postings about approval after I 140 REDO I just wondering .....

What is I 140 REDO ?

In what circumstances one has to file for I40 REDO ?

Is this some thing you can do proactively if dependent upon circumstances like job change ? or company name change ? or only after INS sends RFE ? ( yes I hate to tell you I am still waiting for one in my case)

If you throw some light on this it will be very helpful for people like me.

Hanuman
 
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    INS Vermont has been, for the past few months, insisting on an I-140 petition being filed if there is ANY change in the name of the employer (of the applicant). This true in cases of corporate mergers & acquisitions and also of mere name changes - for example, ABC Inc being renamed as XYZ Inc., without any other changes, including the (same) Federal Tax ID. Such a petition, filed by the (new) employer, naming the applicant as the beneficiery, is generally filed as any other normal I-140 would be, except that this one includes all the documnets explaining the circumstances and also a copy of the previously approved I-140. This is then given expedited processing and is generally called an "amended I-140" or simply "I-140 redo".
    As of now, it would be generally advisable to file for an amended I-140 without waiting for the INS to issue an RFE, as it saves a lot of time. The expedited amended I-140 processing is taking approximately 5 weeks, with a wide variation from 1 to 10 weeks. The I-485 approval after the amended I-140 approval also is taking roughly 4 weeks, but if you have the amended I-140 approval (notice) with you (if and) when an RFE is issued for I-140 redo, and can send it in immediately with any other addition eveidence that might be requested, you can generally expect an approval ina about 2 weeks....
 
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Thanks Govinda for detailed answer. I am wondering in my case I should do it proactively since today i am transitioned to another company who aquired my previous employer and petetioner. Though INS has ALREADY PROMISED ME AN RFE WITHIN SIXTY DAYS preparing this in advance will not hurt. Now that creats few more question

1Can I ask my new employer to doit right away ?

2] Can I doit my self?

3] Will this create any problems or confusion in my current RFE situation?

4] How much will this cost me if I doit my self?

Your input is appricited
 
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If my company changed nothing but just the address (In the same sity) Do I need re-file140?
 
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XXXXX, I don\'t think address change requires ammendment but still Govinda Vinod or somebody else can throw some info. My lawyer just sent a letter when my company changed office address form one building to the other.

But make sure there is sombody from your company taking care of address change @ Post office level since you may never know what INS can send to old address before it is changed in their records and just because of RETURNED DOCUMENT or non receipt by you at you end can SCREW YOU BIG TIME.
 
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A change of address SHOULD NOT trigger an RFE. But like Hanuman suggested, it is important that somebody from your employers office follow up regularly with the INS and the local Post Office about the mail. It is a general INS practice to take the change of address for only 5 petitions filed by a company on the same phone-call (for whatever reason), and the employer/company has to make another call to make the address change on another 5 petitions filed and so on.... You can guess how efficient this process can be!!!!
 
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It is always good to pro-actively file for an amended I-140, since it saves a lot of time, if an amended I-140 is actually requested by the INS. And you do not need an RFE for it. In your case, it is probably advisable to start preparing, since you know that there is an RFE. But to answer your questions....

1) Yes, you can ask your employer to do it right away. Whether the employer will be prepared to do it is a different matter. Some are co-operative and will do it to ease the process as best as they can. Some will refuse to do it, stating that it has not been requested (as of yet) by the INS.

2) No, you CANNOT do it yourself. The I-140 is a petition FILED BY AN EMPLOYER naming an EMPLOYEE as the beneficiery.

3) No, simply filing an (amended) I-140 petition will not IN ANY WAY change the present RFE that you are likely to get.

4) I don\'t know, but I don\'t think you need to bother about that, unless you are paying for your own Green-Card processing.

Hope this explains everything....
 
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Thanks for your info. I have a couple of questions.
1. How does VSC require I-140 redo? by issuing RFE?
2. If filing an amended I-140 before VSC asks to do so, could the file be misplaced or processed under normal I-140 application? Will the officer who got assigned to I-485 be aware of the I-140 redo that got approved or is under processing?
3. Does the same officer who reviews I-485 application and issues RFE handle the I-140 redo petition?
If
 
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I agree with Hanuman and govinda.
This is just an excerpt from immigration-law.com breaking news archive.Well! it is not official but helpful!!!

Updated 11/02/00: Simple Corporate Name Change or Address Change and Amended I-140 Issue

NSC also complies with the 1992 memorandum of the INS HQ that required amended I-140 petition where a material change had taken place with the corporate ownership/structure, including merger/acquisition involving successor-in-interest. However, two points need special attention:
First, where 485 is pending when such corporate change takes place, NSC will first give an opportunity to I-485 filers to work with the employer to file amended I-140 petition. Adjudication of 485 will be in abeyance pending adjudication of such amended I-140 petition. Additionally, such amended I-140 petition will be "expedited."
Simple corporate name change or address change within the area of intended employment (metropolitan area) are not considered a material change and will not, repeat, will not require amended I-140 petitions. Good Lord! However, they expect the alien and employer to explain such changes in a letter. Caveat: This is unpublished opinion of the I-140 Superviser in NSC.
 
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1) Yes. VSC requests an I-140 redo through an RFE.
2) And amended I-140 petition can be filed even without an RFE. Generally an amended petition is, like I mentioned earlier, the same as a new petition, except that this one has an explanation of the circumstances, supporting documents and a copy of the previously approved I-140. In most cases, a receipt is issued within 10 days (the receipt for a NEW I-140 takes about 3 - 4 weeks to be issued). Of course, it will be well worth the while to keep track of the same, since there is the likelyhood of a redo etition being considered as a NEW one, but it can happen (AND HAS HAPPENED....) even in the case of one that is filed in response to an RFE. But by pro-actively filing for one even before the INS asks for one will save you a lot of time. Since an amended petition is generally approved in about 6 weeks, all you need to do is send in the approval notice, if the INS issues an RFE for I-140 redo.
3) Generally YES, I presume, if the (amended) petition is filed in response to the RFE.
 
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Thanks very much friends for your important input I am sure this will be very helpful to rest of us in saving time and avoid processing delays.
 
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My attorney is wrong.
I called my attorney and he said it\'s better to wait for RFE that requires I-140 redo, since it\'s possible that the officer who will get assigned to my case has already processed some I-140 redo case from the same company, and he/she might not send RFE of I-140 redo for another case from the same company, is it true?
I\'m going to do so. Thanks a lot for your detail infomation.
 
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Well, if the officer who is processing your case has already processed a few I-140s for cases similar to yours, it is possible that he may not issue an I-140 redo RFE in your case. But then, that is only a possibility. There is nothing that prevents him from issuing YET ANOTHER I-140 redo RFE. And what if your file lands with another officer, who has not processed an I-140 from your company? God knows what the result will be. Once again an RFE may or MAY NOT be issued.
But, if you apply for an amended petition even before an RFE is generated, it WILL DEFINITELY SAVE YOU SOME TIME, if an RFE is eventually generated. But for obvious reasons, many lawyers and employers are reluctant to act on this and pre-emptively apply for an amended I-140....
 
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Yes, you are right. I should do it earlier. The lawyer just misleads me. He has already filed 140 redos for other cases in response to RFEs, no approval so far. I\'m afraid he\'ll screw up something because he never did it before.
Your input is a great help. Thanks again.
 
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Gurus I am thinking of changing the job using 180 day law I ahve already completed more than 430 days since I fled 485 ND Oct 99
Do you think I need to file for 140 redo or a brand new I 140 or nothing at all ?

Please help with your brilliant ideas
Thanks
DA
 
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I totally agree with Govinda Vinod.

The same thing happened with, the lawyer insisted on not doing the 1-140 redo since Aug. 99, and guess what i still waiting because i got RFE to do it, i\'m sure if i proceed to do I-140 2 or 3 months back i would have gotten my Approval by now. Still waiting for i140 redo approval and I-485 approval.
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