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RFE for I-140

I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise

This is a very common issue. Most of the times the HR title and job title and Labor title do not match.

I know it is a common issue for anybody. But if USCIS goes strictly, then it is a problem.

Can we discuss something about "Follow-to-join" and what it is all about? That is one thing I don't understand.

Thanks!

How long the old I-140 needs to be valid ? Should it be valid only until one gets the new I-140 cleared with the Old PD ? Or does it needs to be valid until the 485 is filed and status is adjusted ?
should be valid preferably until you get your new I140 approved.

Can you please let me know if you received my email.

Thanks
wow!! IV has been very productive for you NewDoc..Would u like to contribute to IV if you get this post? And Bonus if you can convince some of your friends to join IV and contribute too ...

rb_248, I am in the similar situation if you dont mind can you share your lawyers details, seems to be very experienced lawyer..

golgappa,

Just sent you a PM. Please check your inbox.

Just produce the docs thet asked. As for the pay difference, the labor mentioned salary is supposed to be paid to you once you receice GC. Don't worry about it.

Hello,

I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.

Do I qualify for EB2?? Plz let me know.

RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.

In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???

My labor already got approved.
My company is financially very good.

Now which wage USCIS consider or match with W2??

I will really appreciate your response.

Thanks.

yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?

The old lawyer has to notify USCIS that he is pulling out of your case or the new lawyer has to send the new G-28.

bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.

You are required to send the letter to where your case is filed.

I hope this helps and good luck on your green card chase.


Thanks canmt.

By the way, for the G-28, it doesn't have to be an attorney right? So, I can get somebody else that I trust to sign them to be my representative. Will this work? If I were to put my own name to be my own representative, is that going to flag them?

Do you know how much is it to get an attorney to sign the G-28 form? My PD is 3 years away, so I am pretty sure that the attorney won't have to do anything for quite a while (except for signing the form of course). If there are no RFE, the attorney possibly would not need to do anything at all.

Just produce the docs thet asked. As for the pay difference, the labor mentioned salary is supposed to be paid to you once you receice GC. Don't worry about it.

Hello,

I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.

Do I qualify for EB2?? Plz let me know.

RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.

In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???

My labor already got approved.
My company is financially very good.

Now which wage USCIS consider or match with W2??

I will really appreciate your response.

Thanks.

Hi Guys,

Isn't EAD application I-765? What is I-131? Excuse my poor knowledge on the USCIS forms

Thanks gcisadawg.
I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
Thanks,

You have multiple options.
1> Just keep the money with your old company. This is possible if the balance is above 5K.
You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.

2> Shift the money to a new/exsisting IRA.

Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
If you don't deposit within specific time period then you would incur tax and 10% penalty.

-GCisaDawg

all your points look ok to me. although it may differ for different prople.

in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.

EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation

H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]

- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions

thanks.

Is EAD to H1 a complicated process? If so what could be the reasons.

I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.

guess u r talking abt varicella vaccine .. this need 30 day gap, we had MMR on one day itself

The only catch could be on the MMR. MMR needs two vaccinations. The two vaccines nmeed to have a 1 month gap. So if you take one and to medical exam, they will force you take the 2'nd one right there. Ofcourse they don't care about the gap since they want to make money

Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.

For MTR - Brief / Evidence need to be given within 30 days of denial.
For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
In either case, 290(B) have to be filed to keep it going.

Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.

Hope this helps.

Same here. We submitted 485 on Jul2 without our medicals and some other major documents like birth certificates etc. Have had not issues till now. Got our receipt notices for 485, AP & EAD. Also got our EADs pretty quickly.

Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
Hi stu*
Did you get an answer whether we can send the medical papers to USCIS now with I-485 receipts?
Would it work?
Anyone??

so far, I have heard about at least 30 cases over the internet including one personal case (my wife's) and all of the cancelled appointments seem to be either on 7th, 8th or 9th july. (My wife had it on 8th and got a cancellation notice with the same date which was delivered yesterday...)

From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...

pal :)

I am so very ready for FP on 7/6 and now reading these cancellations is very irritating. To show up definitely require some-bit of planning. Why should they send notice at first placeand then cancel en-block. I only wish I donot get this cancellation notice before 6th and it goes on as scheduled.

I would say, you will be unemployed during that search period.
what if i want to join a company(like Teksystems,GCI,etc,...) on an hourly basis on their W2.What will be my status when an assignment is over and i have to search for another project.

i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .


This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....