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guygeek007
07-19-2007, 10:07 AM
This is my GC application history

1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.

Current status for i-140 : Recieved and pending at Nebraska service center.

Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

Any assistance would be highly appreciated.

guygeek007
07-22-2007, 09:41 PM
Can a senior member kindly address these questions posted for the last couple days. A quick response will be highly appreciated.

inspectorfox
07-22-2007, 10:01 PM
Can a senior member kindly address these questions posted for the last couple days. A quick response will be highly appreciated.

My case is very similar to yours. I had applied my I-140 in Oct 2006. Got an RFE for Ability to Pay which was responded to in Feb 2006. LUD changed twice in Feb and there was no progress. I upgraded to premium processing in June but there was no progress in my case even after 15 days past. Recently I got to know thru my lawyer that my case has been moved to the TSC Review Department for a background check and a decision is pending. I have taken an INFOPASS appointment to meet with an immigration officer to follow up about my case on Friday.

There are lot of people who are now stuck in background checks at I-140 stage which was very uncommon before.

I would advise you to follow up with you lawyer to get more details on your case. My lawyer actually spoke with the Immigration Officer at TSC.

Goodluck!

PD_Dec2002
07-22-2007, 11:10 PM
This is my GC application history

1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.

Current status for i-140 : Recieved and pending at Nebraska service center.

Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

Any assistance would be highly appreciated.

A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.

A2: Most probably, that is what has happened.

A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

Good luck!

Thanks,
Jayant

tinamatthew
07-23-2007, 12:03 AM
A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days. He stated "Applied for i140 premium processing on June 22nd, 2007" From what I understand, this new i-140 application was PPS and not an upgrade. The receipt date is the date USCIS date stamps the application. I think he will get his money returned as they have passed the 14 day deadline.

A2: Most probably, that is what has happened.

A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

Good luck!

Thanks,
Jayant

Thanks

guygeek007
07-23-2007, 10:25 AM
InspectorFox, Jayant and Tina - Your prompt replies and advice are much appreciated.

mmaxima
07-23-2007, 10:43 AM
I got a RFE for employment letter not matching closely to the PERM job ads. My 140 is under premium process. The new emplyment letter has been resubmitted. How long does it take for USCIS to make dicision on my case? Will it be process in priority because it's a premium process? Or there is no premium process after RFE? Thanks.

guygeek007
07-24-2007, 04:27 PM
I just received some information from my attorney today about my i-140 premium processing application that was filed on 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year.
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.

Suggestions and advice would be appreciated.


This is my GC application history

1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.

Current status for i-140 : Recieved and pending at Nebraska service center.

Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

Any assistance would be highly appreciated.

guygeek007
07-25-2007, 02:00 PM
^^^^^^^^^

lapisguy
07-25-2007, 06:42 PM
Hi,

I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?

Are there chances that if I file I-485 it would get rejected?

guygeek007
07-26-2007, 10:41 AM
Lapisguy,
You can file for 485 concurrently while your 140 application is pending. Your attorney should be advising you accordingly.

guygeek007
08-01-2007, 12:03 AM
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

guygeek007
11-04-2007, 02:17 PM
Update : My 140 got approved on Oct 31 @ NSC after ability to pay RFE was addressed with CPA eval documentation. Thanks for all your assistance and support!



This is my GC application history

1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.

Current status for i-140 : Recieved and pending at Nebraska service center.

Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

Any assistance would be highly appreciated.

inspectorfox
11-04-2007, 08:42 PM
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)

guygeek007
11-06-2007, 03:17 PM
Hang in there my friend. My 140 was first filed in Jan 2006 and was RFE'd for ability to pay. This 140 was withdrawn and was refiled by my company's sister concern in June 2006. We waited for a year and then in June 2007, applied for premium processing just before that was closed down. The check and request for premium were returned with the reason that the original labor app was not provided. Then we received an RFE for ability to pay yet once again in Sept 2007. This was addressed in a very detailed fashion by the HR & CPA working closely with my attorney. Finally on Oct 31st there was the approval notice. Thus, my advice to you would be stay put and patient and it'll all work out. Good Luck!

Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)