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peer123
01-09-2007, 11:54 AM
Hi,
I have already applied for a I140 , basically switching another labor, I want to do premium processing to get 3 year H1B extension, my lawyer says it is not possible to premium process the I140 application if you are swaping labor.

Now is it true? or is it onlt true because i have already applied for I140.

Thanks

fromnaija
01-09-2007, 12:06 PM
Hi,
I have already applied for a I140 , basically switching another labor, I want to do premium processing to get 3 year H1B extension, my lawyer says it is not possible to premium process the I140 application if you are swaping labor.

Now is it true? or is it onlt true because i have already applied for I140.

Thanks


Your lawyer is right! According to the USCIS you cannot file premium if any of the following conditions exists with your application:

-- a second I-140 filing, if an initial I-140 remains pending

-- a labor certification substitution request

-- a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)

peer123
01-09-2007, 12:26 PM
Your lawyer is right! According to the USCIS you cannot file premium if any of the following conditions exists with your application:

-- a second I-140 filing, if an initial I-140 remains pending

-- a labor certification substitution request

-- a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)


So If I have already approved I140 and now I am trying to substitue to a new one can I do premium processing.

uppaji
01-09-2007, 12:35 PM
Hi,
I am planning to apply for I-140 premium processing. This is my second I-140.
But the earlier one was with my new company and I already got it.
The one I am trying now is with my previous company. Both the labors are on my name only, no substitution. So, can I apply premium processing?
Please suggest.

fromnaija
01-09-2007, 01:11 PM
So If I have already approved I140 and now I am trying to substitue to a new one can I do premium processing.

In that case, you are not substituting but filing a new 140. So, yes you can premium file. The only thing you are doing with the second 140 is porting the priority date of the first one and as long as that first one is approved and not pending you should be able to file premium.

file485
01-09-2007, 04:47 PM
Your lawyer is right! According to the USCIS you cannot file premium if any of the following conditions exists with your application:

-- a second I-140 filing, if an initial I-140 remains pending

-- a labor certification substitution request

-- a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)


Hi...

Can you make it more clear...I have a 140 filed pending at NSC since Oct 2006 with the current employer..I want to file a second 140 in premium processing for the labor filed by my ex-employer. So this will be my 2nd 140 with NSC..

I want to make clear and sure that 'should the employer who is filing the 140 should NOT have a 140 in process already and we r trying to file another 140 in premium processing thru the same employer' that is what the message I have understood..even the attorneys r not clear and are giving mixed responses...

My thinking is that the INS/Service Centre has to decide on the earlier 140 filed by that company before he decides the premium processing 140 case

This whole damn life is so confusing and confusing and no words for this shit...

Please post your experiences

file485
01-10-2007, 09:39 AM
guys...

please comment on this premium processing for the 2nd 140 when 1st one is pending...

As much as I think 140 stage is all checking for company records and ability to pay and not on the employee..

optimist578
01-11-2007, 05:18 AM
guys...

please comment on this premium processing for the 2nd 140 when 1st one is pending...

As much as I think 140 stage is all checking for company records and ability to pay and not on the employee..

Does anyone know how long I-140 non premium takes? Mine was filed in November 2006. I am worried because my H-1B expires in Jan 31 and I want to renew it for 3 years.

optimist578
01-11-2007, 10:07 AM
I-140 processing date for NSC is May 15 and TSC is June 15th. I guess you need to wait for atleast a month.


If your employer pays for your GC and H1B transfer then go ahead and file for 1 year H1B extension.

If you are going to pay for your H1B extension and you are affected by retrogression, then upgrade your I-140 to PP and get it approved within 2 weeks and then file for 3 year H1B extension.

Thanks refugee for the response.
So, a non premium I-140 application can be moved to Premium Processing? While I am with the same employer?

Sorry if I sound painful, but this is something very critical to me. I am trying to get an I-140 processed in the hope that if Immigration Voice core team succeeds in getting a bill through to open the doors to I-485 filing prior to visa availalbity, I can take advantage of that.
H-1B extensions etc are taken care of by my employer. So I am not too worried about that. I am most concerned about my wife, to be able to restart her career.
This forum has been more useful and informative than any of my friends or attorneys etc.

--------------------
PD Mar 2003
I-140 Nov 06
I-485 ? (but hopeful)
Contribution so far -$100

glus
01-11-2007, 10:33 AM
Hi...

Can you make it more clear...I have a 140 filed pending at NSC since Oct 2006 with the current employer..I want to file a second 140 in premium processing for the labor filed by my ex-employer. So this will be my 2nd 140 with NSC..

I want to make clear and sure that 'should the employer who is filing the 140 should NOT have a 140 in process already and we r trying to file another 140 in premium processing thru the same employer' that is what the message I have understood..even the attorneys r not clear and are giving mixed responses...

My thinking is that the INS/Service Centre has to decide on the earlier 140 filed by that company before he decides the premium processing 140 case

This whole damn life is so confusing and confusing and no words for this shit...

Please post your experiences

As far as I know, one cannot file a premium I140 while another I-140 is pending for the same individual....

optimist578
01-16-2007, 05:45 PM
My company's lawyer is saying that upgrading the I-140 application to premium processing might result in an inquiry. So they are hesitant to do it. Can people share information on how long their I-140s have taken to process the non-premium ones?

Thanks.

I-140 processing date for NSC is May 15 and TSC is June 15th. I guess you need to wait for atleast a month.


If your employer pays for your GC and H1B transfer then go ahead and file for 1 year H1B extension.

If you are going to pay for your H1B extension and you are affected by retrogression, then upgrade your I-140 to PP and get it approved within 2 weeks and then file for 3 year H1B extension.

canleo98
01-16-2007, 06:58 PM
My company's lawyer is saying that upgrading the I-140 application to premium processing might result in an inquiry. So they are hesitant to do it. Can people share information on how long their I-140s have taken to process the non-premium ones?

Thanks.


My company's lawyer also told me the same thing that applying I-140 application through premium processing might result in an inquiry(RFE). Is this a generalised statement(myth) or it is a fact?

katrina
01-16-2007, 07:38 PM
My company's lawyer also told me the same thing that applying I-140 application through premium processing might result in an inquiry(RFE). Is this a generalised statement(myth) or it is a fact?

My lawyer also stated the same thing. They suggest me to apply trough the regular instead of premium. Can someone who apply I-140 trough premium processing recently give us an update as how their current case doing ?

satishku_2000
01-17-2007, 12:21 AM
Guys

My lawyer told me the same that upgrading it to premium processing may result in RFE. I filed in septmember 2006 so I guess I have to wait another 3 more months at least.
My brother in law got it approved in 3 days in premium processing. He works for one of the big retailers as a pharmacist.
If your company is big enough I guess you can upgrade for premium processing..good luck with that.

glus
01-17-2007, 09:48 AM
Hi guys:
I do not get it. I guess all of you believe in myths. Why would an upgrade to premium cause a RFE? It does not make any sense. Try to think logically; if one's I -140 is pending and it is a good, clear case with all the supportive documentation in place, can one give me a good reason for the USCIS to issue a RFE when upgraded to premium? I do not think there would be a reason. USCIS will happily cash your $1000 check and process the application faster. If you want to say, "ooohh..USCIS will wonder why I want to upgrade to premium..." is not valid as USCIS does not and should not care why you want to expediate. I have heard many companies are resistant to premium because of the extra cost and yet another form to be filed. Usually, when one says he/she would pay for premium there would be no problems.
Premium I-140s have carry the same procedure for processing as the regular cases, so if one shall get a RFE in regular, he/she will most likely receive a RFE in premium and vice versa.
Please guys, think logically and do not believe in EVERYTHING people say. Use common sense and you will come to the right answer (hopefully).

Regards,

katrina
01-17-2007, 01:28 PM
Hi guys:
I do not get it. I guess all of you believe in myths. Why would an upgrade to premium cause a RFE? It does not make any sense. Try to think logically; if ).
Regards,

Agreed, but my attorney told me that even their strongest case got RFE when they process it under Premium processing.

That is really discouraging news but somehow I still want to try the premium but I need an assurance that not everybody who process in premium processing get RFE. I'm debating right now.

Any response is highly appreciate.

va_jan_03
01-17-2007, 01:49 PM
Probably if you apply as regular and convert as Premium the chances of RFE are higher.

My attorney was telling me that most of the 140 Prem cases (direct Premium) he has filed he has received approvals in less than 2 weeks.

optimist578
01-17-2007, 05:08 PM
I fail to understand what is the risk involved in answering an RFE. Why is it risky? Does it hurt the reputation of the firm in anyway?

greatguy
01-18-2007, 09:54 AM
I recently filed I140 premium processing for a labor substitution case. There was a simple RFE (ability to pay), which was responded to and we got the I140 approval in a month.

Italiana
01-18-2007, 12:48 PM
My company's lawyer is saying that upgrading the I-140 application to premium processing might result in an inquiry. So they are hesitant to do it. Can people share information on how long their I-140s have taken to process the non-premium ones?

Thanks.
My I-140 was approved in three weeks, having my priority date set to August 2006. I dont know what it depends on.. some people say that it depends on us having a good lawyer that does the paperwork correctly, some people say its just luck. But overall, what good did it do to me, if now I'm stuck with not being able to present the I-185 due to the backlog (the screen currently shows August 2002!!) Lets wait to see if this new "immigration law" will get rid of the backlog.
People have to understand that the immigration law is not only for illigals, but for thousands of legals that are doing what is right but can not move foward due to a burocratic/goverment problem.

helmet
02-03-2007, 10:09 PM
I have one 140 approved which is from PERM. now my old lc from BEC is approved. I am with the same employer. Can I file another 140 based on the recently approved LC? is it ok to have two 140s from same company from same employer?

sledge_hammer
02-04-2007, 11:40 AM
I agree with Glus and some others. After all, uscis IS interested in making money. If they make it a habit of issuing an RFE, then why would people take the risk AND spend $1000 for it? Isn't that going to be a loss for USCIS?

The only resaon I can think of why attorney's can say a thing like that is to make their clients be dependent on them for a longer period of time? (Having said that, I am still trying to come up with a better reason, some help here?!?!)

sledge_hammer
02-04-2007, 11:43 AM
Not trying to "fingerpoint" or anything, but another cause for retrogression is that people have more than one LC approved or pending at the same time. I have been seeing sooooo many people doing that here.

But hey, I guess the motto for everyone here is "a man's gotta do what a man's gotta do" ... :-)

helmet
02-04-2007, 11:52 AM
more than one LC is not the cause for retrogression. Retrogression is at 485 stage. Retrogression is due to more people and GC quota is very less compared to the demand