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View Full Version : USCIS Suspends Premium Processing of I-140's


paragpujara
06-28-2007, 01:09 PM
Starting July 2, USCIS will no longer allow petitioners to file their I-140's under the premium processing program.* This is expected to be a temporary measure; starting August 1 petitioners will be allowed to file their*I-140 cases under the premium processing program.
*
The USCIS' press release can be accessed here: http://www.aila.org/content/default.aspx?docid=22772

ramus
06-28-2007, 01:12 PM
Does this indicate that all dates will be 'C' in July?



Starting July 2, USCIS will no longer allow petitioners to file their I-140's under the premium processing program.* This is expected to be a temporary measure; starting August 1 petitioners will be allowed to file their*I-140 cases under the premium processing program.
*
The USCIS' press release can be accessed here: http://www.aila.org/content/default.aspx?docid=22772

ujjvalkoul
06-28-2007, 01:13 PM
USCIS is bracing itself for the Tsunami of applications....

lonedesi
06-28-2007, 01:18 PM
USCIS just seems to be changing rules according to their whims and fancies. They are changing rules according to their convenience. What do these idiots think of themselves? One cannot plan on anything when we are dealing with USCIS. What's good today may not be good tomorrow. Do they expect us to be stuck in the backlogs and wait for years together for them to take their own sweet time to process applications? May be a case of job security for these lazy staff.

jonty_11
06-28-2007, 01:21 PM
at least they are approving 2003/2002 PD applications as we have seen.....now that surelymeans they are working a little bit....
Whether they are short on staff, or whatever teh reason maybe, the bottom line is our complains to any higher ups/Senators..etc will just fall on dead ears as we are not the Voter Base.....

kowligi
06-28-2007, 01:24 PM
This is what the last part of the text says:
This suspension will last for 30 days beginning on July 2, 2007 and ending on August 1, 2007. During this timeframe, USCIS will determine whether it is able to process these cases within 15 calendar days of receipt. If so, Premium Processing Service will once again be made available for Form I-140 petitions.

bigtime007
06-28-2007, 01:24 PM
Does this indicate that all dates will be 'C' in July?

Maybe this means August VB will retrogress?

jonty_11
06-28-2007, 01:26 PM
makes sense...they are expecting alot of 140/485 combine filings in July and by issuing this bulletin they have stopped people from filing 140 in PP

dhirajs98
06-28-2007, 01:28 PM
This is what the last part of the text says:
This suspension will last for 30 days beginning on July 2, 2007 and ending on August 1, 2007. During this timeframe, USCIS will determine whether it is able to process these cases within 15 calendar days of receipt. If so, Premium Processing Service will once again be made available for Form I-140 petitions.

With this rule in effect from july 2nd, what happens to the cases filed before in PP but it is in pending status with an RFE.

I had received RFE on my I-140 on June 1st and replied back on June 6th but there is no update since then from USCIS.

ronitm
06-28-2007, 01:32 PM
It would be great to have premium processing for 485s instead now that visa nos are available. Now now ... i know thats wishful thinking but think about it-could save a lot of time and money over EAD/AP/FP renewals. But then again hurts their income stream thats why they wont do it :((

jonty_11
06-28-2007, 01:36 PM
It would be great to have premium processing for 485s instead now that visa nos are available. Now now ... i know thats wishful thinking but think about it-could save a lot of time and money over EAD/AP/FP renewals. But then again hurts their income stream thats why they wont do it :((
why would it hurt their income stream...when theyll charge u rpremium fees for fast 485 processing..it will be cash in teh bag in the first go rather than waiting over the years for EAD/AP renewals.

jonty_11
06-28-2007, 01:37 PM
With this rule in effect from july 2nd, what happens to the cases filed before in PP but it is in pending status with an RFE.

I had received RFE on my I-140 on June 1st and replied back on June 6th but there is no update since then from USCIS.
dotn worry...this stuff normally is for any new applications only!!!

GotGC??
06-28-2007, 01:39 PM
makes sense...they are expecting alot of 140/485 combine filings in July and by issuing this bulletin they have stopped people from filing 140 in PP

When I saw the huge movement in June followed by the July bulletin, I'd thought to myself - it's a question of time before they suspend/terminate the 140 PP. The PP demand would come not from people who are filing 140/485 together (because that would be only people who just got the LCs) but rather people who had already applied 140 but not 485, or those who 140 is pending but 485 got current.

This change could at least benefit those who have a "normal" 140 in the pipeline, but that's doubtful because I'm sure these resources would get sucked into the tsunami of 485s in July.

The fact that it says they'll reconsider this after Aug 1 suggests that they do not anticipate too may 485 filings in Aug => chances of retrogression in Aug bulletin is now higher, if it does not retrogress mid-month!

andymajumder
06-28-2007, 01:49 PM
dotn worry...this stuff normally is for any new applications only!!!

Does it mean they would stop processing I140 premium applications which have already been sent. My I140 was pending for 6 months and I changed it for premium after the dates became current, it was sent by my lawyer this Monday (25th) and received by USCIS on 26th. Does this mean it will not be processed or does this mean they will not accept any premium processing applications from July 2nd.

yabadaba
06-28-2007, 01:51 PM
good...looks like they are taking proactive steps to handle the loadssssss of 485s that will be filed.

vinodp1978
06-28-2007, 01:57 PM
does this mean that i cannot get a 3 yr extension based on approved I-140 pp? My labor is not pending for 365 days and so I am solely depending on I-140 approval for a 3 yr extension. I am filing i-140 and i-485 concurrently before July 5...will this give me an EAD option even if 140 takes longer to get approved?

spdy_mn
06-28-2007, 01:59 PM
Does it mean they would stop processing I140 premium applications which have already been sent. My I140 was pending for 6 months and I changed it for premium after the dates became current, it was sent by my lawyer this Monday (25th) and received by USCIS on 26th. Does this mean it will not be processed or does this mean they will not accept any premium processing applications from July 2nd.

Yours will be processed as you have already submitted. You should receive your decision in the next week. When you do, please let us know that it is approved :)

eb3_nepa
06-28-2007, 02:05 PM
I had anticipated this and actually converted my I-140 which was filed regular in Feb 2007 to Premium a few days after the June Bulletin and the fact that they terminated I-140 premium processing altogether for Labor Substitutions.

We immediately converted our I-140 (in which we were recapturing our older PD), to premium to avoid any such future USCIS Bolts from the blue.

vinodp1978
06-28-2007, 02:11 PM
does this mean that i cannot get a 3 yr extension based on approved I-140 pp? My labor is not pending for 365 days and so I am solely depending on I-140 approval for a 3 yr extension. I am filing i-140 and i-485 concurrently before July 5...will this give me an EAD option even if 140 takes longer to get approved?

yabadaba
06-28-2007, 02:17 PM
yea...this is effective july 2nd...so if you I140 reaches then...you cannot use premium processing

GotGC??
06-28-2007, 02:19 PM
does this mean that i cannot get a 3 yr extension based on approved I-140 pp? My labor is not pending for 365 days and so I am solely depending on I-140 approval for a 3 yr extension. I am filing i-140 and i-485 concurrently before July 5...will this give me an EAD option even if 140 takes longer to get approved?

This only applies to pending or new 140s; if you have a approved 140 it does not affect you.

One could get a 3 year extension on the basis of a approved 140 only if the PD is not current; since the PD will be current starting July, you'll get only a 1 year extension.

vinodp1978
06-28-2007, 02:20 PM
Yeah . In that case will I get an EAD if 485/140 is filed and 140 is pending? My h1 will be expiring on Feb,08. Please advise.

somegchuh
06-28-2007, 02:24 PM
Guys,

Is this really bad news for those with pending I-140? Does it mean they expect 140 processing to be so overloaded that they can't commit to premium?

My 140/485 was filed in mid-Feb 07. Any ideas what to expect as far as 140 processing is concerned? I am pretty sure 485 processing will slow down as they will get busy with so many new applications and working on new EAD/AP applications.

test101
06-28-2007, 02:30 PM
Hi

I filed I-40 on June,1th 2007. My lawyer will file my I-485 & I-765 by July 1st. I'm currently on F1- status , When i can start working? do i get an authorization to work before approval of the I-40?

I'm sorry but does anyone know the difference between EB3 and schedual A? I'm an RN and i was filed under EB3!

Thank you

wellwishergc
06-28-2007, 02:39 PM
You should get your EAD within 3 months of your application provided your I485 is already applied or applied along with EAD; EAD is independent of your I-140 approval.

Yeah . In that case will I get an EAD if 485/140 is filed and 140 is pending? My h1 will be expiring on Feb,08. Please advise.

pani_6
06-28-2007, 02:45 PM
I live in Tx..If I file today...would it help if it reaches tommorrow....for PP-I140??...Where is tjhe form for applying PP-I-140...somebody plz answer....

vinodp1978
06-28-2007, 02:47 PM
Thanks .wellwishergc

sunnysharma
06-28-2007, 02:47 PM
Does this indicate that all dates will be 'C' in July?

Lets hope so

pd_recapturing
06-28-2007, 02:49 PM
You should get your EAD within 3 months of your application provided your I485 is already applied or applied along with EAD; EAD is independent of your I-140 approval.
This is wrong. EAD can be issued when both of the following conditions MUST meet:

I140 has been approved
I485 application is 180 days old

vinodp1978
06-28-2007, 02:53 PM
This is wrong. EAD can be issued when both of the following conditions MUST meet:

I140 has been approved
I485 application is 180 days old

delhirocks
06-28-2007, 02:56 PM
This is wrong. EAD can be issued when both of the following conditions MUST meet:

I140 has been approved
I485 application is 180 days old

Thats incorrect, You will still get your EAD if I-140 is pending. But, in futiure if your I-140 is say rejected, you will be instantly out of status (If you are on EAD).

I will post the supporting documentation shortly

gcwanter
06-28-2007, 02:57 PM
I live in Tx..If I file today...would it help if it reaches tommorrow....for PP-I140??...Where is tjhe form for applying PP-I-140...somebody plz answer....

I907 is the form for PP

anna
06-28-2007, 02:58 PM
my pd is march 07. my agency told me they converted my I 140 into premium on june 18.But my case status still hasn changed from 'RECIEVED N PENDING". Is there any delay by the uscis usually in changing the status?
Can somebody please clarify?

vinodp1978
06-28-2007, 03:00 PM
According to this from Murthy:

Generally, one may apply for an interim EAD card, if the EAD application has been pending more than 90 days if there is not an unanswered Request for Evidence (RFE) on an I-140, I-485, or I-765 that is pending with the USCIS for the applicant. The interim EAD may be obtained at a local USCIS office. To obtain an interim EAD, two USCIS-specified photographs and the 485 and EAD receipt notices are needed.

Kodi
06-28-2007, 03:02 PM
This is not good. My PERM labor is stuck in Atlanta, I was hoping to apply I-140 pp since my 6th year H1 is expiring Dec, 07. If I can get my I-140 approved then I'll have to leave.

dhirajs98
06-28-2007, 03:03 PM
my pd is march 07. my agency told me they converted my I 140 into premium on june 18.But my case status still hasn changed from 'RECIEVED N PENDING". Is there any delay by the uscis usually in changing the status?
Can somebody please clarify?

My RFE response to the I-140 PP was sent on June 7th but I have received anything from USCIS. Status on theor wesite is still old. Its almost 3 weeks after I sent the response to the RFE. I am not sure what is going on w/ USCIS these days. They have taken money to process it in premium but it seems they don't bother to complete case in 15 working days anymore.

delhirocks
06-28-2007, 03:08 PM
http://www.jackson-hertogs.com/JH/memos/3090.pdf

Please see the attached document section B2.

It implies that one can apply for EAD even if I-140 is pending, but the said law firm advises against it if the case is not straight forward (Labor substitution etc...)

Also, I just got off the phone with my lawyer and she confirmed that
"Though it is advisable to apply for EAD after I-140 is approved, it is not neccesary".

In my particular case, since my H1 is valid till July'08, she mentioned it shouldn't be a problem. But she mentioned that they intend to convert the I-140 application to Premium, the moment USCIS reinstates it to be on the safer side.

vinodp1978
06-28-2007, 03:12 PM
Delhirocks,
Thanks for the feedback.. i will most likely be doing the same...wait for PP 140 to comeback and convert. I think its safer to work on a 3yr h1b than ead. But then while filing for h1b ext the dates must be retrogressed and not current.

eb3_nepa
06-28-2007, 03:12 PM
This is wrong. EAD can be issued when both of the following conditions MUST meet:

I140 has been approved
I485 application is 180 days old


UTTER NONSENSE

You become eligible to file for the EAD/AP THE day you become eligible for AND actually file for I-485.

HOWEVER your 180 day calendar Begins ONLY WHEN Your I-140 has been approved AND your I-485 application has been pending for 180 days. That after 180 such days can you change ur job and ur application for Permanent Residency is NO longer dependant on the employer through whom you filed your GC.

Guys PLEASE do not give advice authoritatively unless you know what you are talking about.

immidude
06-28-2007, 03:12 PM
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?

ramus
06-28-2007, 03:17 PM
They have stopped issuing intrim EAD from local office.


According to this from Murthy:

Generally, one may apply for an interim EAD card, if the EAD application has been pending more than 90 days if there is not an unanswered Request for Evidence (RFE) on an I-140, I-485, or I-765 that is pending with the USCIS for the applicant. The interim EAD may be obtained at a local USCIS office. To obtain an interim EAD, two USCIS-specified photographs and the 485 and EAD receipt notices are needed.

ashkam
06-28-2007, 03:18 PM
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?

I thought you just needed your receipt number to file for 485, not the physical receipt.

eb3_nepa
06-28-2007, 03:19 PM
For all those filing I-140 and I-485 for the first time (I.E. No PD recapturing),

You DO NOT need to file I-140 in premium. YOu can simply file the I-485 AS-IS. Actually Right now since everyone is current ANYONE can file for the I-485 provided their Labour is approved. The only way the I-140 approval would help is with the 180 day clock after which the employer has no control over your GC application.

This is what my lawyer had told me when I had asked her last time. Now if the dates were still Retrogressed but your OLD PD was becoming CURRENT, IN THAT case you WOULD need your I-140 approved before you can file the I-485 coz at that time technically you cant file for a I-485 as without the PD recapture your PD would be today's PD and that would Not be current.

Hope this explanation helps. However Please confirm this with your attorneys as i m like you just a little more experienced due to what life has put me through ;)

pani_6
06-28-2007, 03:23 PM
See what the last para of the memo says....

During this timeframe the USCIS will determine whether
it is able to process these cases with in 15 calendar days of reciept.

"IF SO" premium processing will be once again made avaialabe for FORM I-140 petitions

immidude
06-28-2007, 03:25 PM
my attorney said i need to wait for 140 receipt to file 485
is that true?



i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?

gc_lover
06-28-2007, 03:29 PM
my attorney said i need to wait for 140 receipt to file 485
is that true?



i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?

No you don't. You can file without 140 receipt, atleast that's what my lawyer told me. Anyways, mine is concurrent filing.

somegchuh
06-28-2007, 03:39 PM
I have a feeling that they will not restore 140 PP at least until retrogression hits again i.e. the influx of various AOS applications slow down.

I think those currently waiting for 140 approval will get screwed and those who were hoping to 3 yr H1 extension will be the most impacted.

See what the last para of the memo says....

During this timeframe the USCIS will determine whether
it is able to process these cases with in 15 calendar days of reciept.

"IF SO" premium processing will be once again made avaialabe for FORM I-140 petitions

sriswam
06-28-2007, 04:21 PM
I live in Tx..If I file today...would it help if it reaches tommorrow....for PP-I140??...Where is tjhe form for applying PP-I-140...somebody plz answer....



I believe you can e-file form I-907. I am trying like mad to get the attorney to call me back.
Does anyone know if there is a problem with the employer directly filing for premium processing bypassing the lawyer?

test101
06-28-2007, 04:23 PM
Assuming that I got my EAD, and then my I-140 got denied for whatever reason.
What happen next? Will i be out of status? do i have to leave the country? if i'm F-1 student will i be back on F-1?

thanks

royus77
06-28-2007, 04:38 PM
Assuming that I got my EAD, and then my I-140 got denied for whatever reason.
What happen next? Will i be out of status? do i have to leave the country? if i'm F-1 student will i be back on F-1?

thanks

Yes.You will be out of status unless you moved into a different visa like H1B /H4 (if you time left on them and able to get in the quota) .

gunabcd
06-28-2007, 04:41 PM
This is wrong. EAD can be issued when both of the following conditions MUST meet:

I140 has been approved
I485 application is 180 days old

You have no freaking idea what you are talking about. one should not open his/her mouth so confidently without reading documents from USCIS or talking to an immigration lawyer.

vinodp1978
06-28-2007, 04:44 PM
Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??

PD_Dec2002
06-28-2007, 04:53 PM
Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??

Not quite. You will get an EAD ONLY if you filed form I-765 along with your I-485. Your I-140 has no bearing on your EAD.

Thanks,
Jayant

GotGC??
06-28-2007, 04:56 PM
Please ...let us agree on this ...will get an EAD even if i-140 is pending while 485 is filed correct??

This is not a democracy or an American Idol show where it matters what most people think!

There is a law that clearly states it - you can file and are eligible to interim AOS benefits such as AP & EAD even when the I-140 is pending. I have colleagues (who applied 140 & 485 concurrently) get their EADs and APs long before they got AOS approva.

It's a different thing, not not to be confused with, that most people choose to continue with their H1 and not use EAD or AP because of the uncertainty until the 140 and 485 is approved.

johnwright03
06-28-2007, 04:57 PM
Does this mean we even cannot upgrade to PP after August 1st, when the premium processing will be available...???

gunabcd
06-28-2007, 04:57 PM
This is not good. My PERM labor is stuck in Atlanta, I was hoping to apply I-140 pp since my 6th year H1 is expiring Dec, 07. If I can get my I-140 approved then I'll have to leave.

1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..

gc_lover
06-28-2007, 04:59 PM
Does this mean we even cannot upgrade to PP after August 1st, when the premium processing will be available...???

It means you cannot file between July 2 and Aug 1, at least for now.

PD_Dec2002
06-28-2007, 05:00 PM
Does this mean we even cannot upgrade to PP after August 1st, when the premium processing will be available...???

What does what mean? You can upgrade to PP whenever USCIS makes it available....August 1st or at a later date.

Thanks,
Jayant

Kodi
06-28-2007, 05:04 PM
1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..

Aren't you allow to extend your H1 if your I-140 is approved and I-485 is pending?

vinodp1978
06-28-2007, 05:05 PM
Obviously i was wanting to know what the law states...and not a democratic answer. I dont always expect forums to quote the law correctly - use your judgement!

Thanks anyway for that answer. My situation is different beacuse with the I-140 PP going away for now...and my H1B expiring Feb 2008...I am left with approved I-140,Labor and retrogressed dates to be eligible for 3yr extension.

Now that if 140 is pending ...then I am left with EAD as the only option to continue manitaing my status.

Correct my intrepretation of law if wrong..

PD_Dec2002
06-28-2007, 05:09 PM
Once again. You will get an EAD ONLY if you filed form I-765 along with your I-485. Your I-140 has no bearing on your EAD.

Thanks,
Jayant

gunabcd
06-28-2007, 05:11 PM
my attorney said i need to wait for 140 receipt to file 485
is that true?



i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?

My lawyer said it takes upto 3 weeks to get the receipt (non-pp), yours is PP but so many have filed PP, so you should get I140 receipt this or next week. but in that case you get your $1000 back.

vinodp1978
06-28-2007, 05:12 PM
Yes i understand that and intend to file I-765 with my 140/485 next week.

gunabcd
06-28-2007, 05:15 PM
As per online status "Your response received on June 15th and processing resumed". If it's pending for couple more days, As per the rule i should get my $1000 back. Will my I-140 then thrown back in the normal (non-PP) queue?

gunabcd
06-28-2007, 05:23 PM
Obviously i was wanting to know what the law states...and not a democratic answer. I dont always expect forums to quote the law correctly - use your judgement!

Thanks anyway for that answer. My situation is different beacuse with the I-140 PP going away for now...and my H1B expiring Feb 2008...I am left with approved I-140,Labor and retrogressed dates to be eligible for 3yr extension.

Now that if 140 is pending ...then I am left with EAD as the only option to continue manitaing my status.

Correct my intrepretation of law if wrong..

If your labor was filed after Feb 07 (since your H1 expiring in feb 08) and your I-140 does not get approved by feb 08, then EAD is the only option to be in status, (unless u join Patni, TCS, wipro, Infy on L1 :-)

PD_Dec2002
06-28-2007, 05:26 PM
Obviously i was wanting to know what the law states...and not a democratic answer. I dont always expect forums to quote the law correctly - use your judgement!

Thanks anyway for that answer. My situation is different beacuse with the I-140 PP going away for now...and my H1B expiring Feb 2008...I am left with approved I-140,Labor and retrogressed dates to be eligible for 3yr extension.

Now that if 140 is pending ...then I am left with EAD as the only option to continue manitaing my status.

Correct my intrepretation of law if wrong..

You can extend your H-1B. Why is EAD your only option?

Thanks,
Jayant

dhirajs98
06-28-2007, 05:30 PM
As per online status "Your response received on June 15th and processing resumed". If it's pending for couple more days, As per the rule i should get my $1000 back. Will my I-140 then thrown back in the normal (non-PP) queue?

How long USCIS tool to update the status online to show your RFE response has been received? I sent the response for RFE on June 7th and there is update about the case at all. No online status update either. God knows what they are doing with it. They are suppose to complete the case in 15 qorking days after they receive it.

vinodp1978
06-28-2007, 05:30 PM
my labor has to be pending 365 days or have an 140 approved to extend. so if pp goes away for 140 then my only option to stay in status is EAD. Also I am not in IT so patni,tcs etc...is out of question.

vinodp1978
06-28-2007, 05:33 PM
You can extend your H-1B. Why is EAD your only option?

Thanks,
Jayant
my labor has to be pending 365 days or have an 140 approved to extend. so if pp goes away for 140 then my only option to stay in status is EAD. Also I am not in IT so patni,tcs etc...is out of question.

GotGC??
06-28-2007, 05:50 PM
my labor has to be pending 365 days or have an 140 approved to extend. so if pp goes away for 140 then my only option to stay in status is EAD. Also I am not in IT so patni,tcs etc...is out of question.

If you had a approved 140, you'd get 3-year extensions. If it is pending, you could still get 1 year extension.

While I'm sure about this rule, you should check with the attorney.

vinodp1978
06-28-2007, 05:55 PM
If you had a approved 140, you'd get 3-year extensions. If it is pending, you could still get 1 year extension.

While I'm sure about this rule, you should check with the attorney.

I think its If pending...and labor approved 365 days before start date. I still need to check with my attorney. Also even if 140 is approved and dates are current i would not be able to extend.

ramus
06-28-2007, 06:13 PM
If 140 is approved and dates are current most likely you will get one year extension...But sure you will get H1B extension.



I think its If pending...and labor approved 365 days before start date. I still need to check with my attorney. Also even if 140 is approved and dates are current i would not be able to extend.

GC4US
06-28-2007, 06:34 PM
Hi everybody,

I will post here my query about I-140 because I didn't want to start a new thread only for my question.

It's still regarding I-140 application.....I wanted to ask you if you need all employment letters that are written on Labor Ceritificate..or is it enough to submit only a few not all the employment letters for every job that was written on Labor certificate?

How is it working?
I wwould highly apprecite your help.
Thank you in advance.

ramus
06-28-2007, 06:36 PM
I think you need all of them but I am not 100 % sure..

In cause you don't get experience certificare Even if you get letter from somebody you worked with will work..


Hi everybody,

I will post here my query about I-140 because I didn't want to start a new thread only for my question.

It's still regarding I-140 application.....I wanted to ask you if you need all employment letters that are written on Labor Ceritificate..or is it enough to submit only a few not all the employment letters for every job that was written on Labor certificate?

How is it working?
I wwould highly apprecite your help.
Thank you in advance.

jonty_11
06-28-2007, 06:40 PM
Hi everybody,

I will post here my query about I-140 because I didn't want to start a new thread only for my question.

It's still regarding I-140 application.....I wanted to ask you if you need all employment letters that are written on Labor Ceritificate..or is it enough to submit only a few not all the employment letters for every job that was written on Labor certificate?

How is it working?
I wwould highly apprecite your help.
Thank you in advance.
u have to presnt Exp letters for the term of experience mentioned in labor Cert...
if its BS+2 yrs..u shud be producing Exp letters for 2 years...

GC4US
06-28-2007, 06:57 PM
u have to presnt Exp letters for the term of experience mentioned in labor Cert...
if its BS+2 yrs..u shud be producing Exp letters for 2 years...

Thank you guys,

Even if it's EB3? Eb3 requires only Bachelor, without any experinece, am I wrong?

Only Eb2+ 5 years of progressive work experience requires all the employment letters throughtout the 5 years. Am I accurate?

Thank you again for your help.

gunabcd
06-30-2007, 08:55 PM
How long USCIS tool to update the status online to show your RFE response has been received? I sent the response for RFE on June 7th and there is update about the case at all. No online status update either. God knows what they are doing with it. They are suppose to complete the case in 15 qorking days after they receive it.
Mine it took 2/3 days after sending response. I thought they got too busy sending notices to new I140 PPs after june 15th and not processing I140s. But i saw someone whoe did PP on june 21 and got approve in a few days.

gc007
06-30-2007, 10:50 PM
Can someone tell that If USCIS says that 29 June 07 is the last date to receive applications for premium processing for I 140 . Does that mean that they shud receive the application by 29th or application shud be post-marked dated 29th in order to be considered for premium processing.

Thanks

sriswam
06-30-2007, 11:18 PM
Can someone tell that If USCIS says that 29 June 07 is the last date to receive applications for premium processing for I 140 . Does that mean that they shud receive the application by 29th or application shud be post-marked dated 29th in order to be considered for premium processing.

Thanks

We mailed my wife's PP on the 29th. I spoke to the customer service rep at USCIS and he said post mark date is what they see. But I have been seeing other websites say that its got to be received. Thats doesnt sound logical. So wait and watch I guess.

ashkam
07-01-2007, 12:00 AM
Thank you guys,

Even if it's EB3? Eb3 requires only Bachelor, without any experinece, am I wrong?

Only Eb2+ 5 years of progressive work experience requires all the employment letters throughtout the 5 years. Am I accurate?

Thank you again for your help.

Depends on what your company gave as the qualifications for the position. In my case it was EB3 bachelors + 2 years work experience so I had to give experience letters.

lakshman.easwaran
07-01-2007, 10:46 PM
Does anyone know whether hard copy of Labor approval is required for filing Form 1-140. My Labor status shows certified, but my lawyer is conveying that they have not received my hard copy of approval to process Form I-140 and 485. Can some one tell me if we can take a print out of Labor approval from online status and use it for filing 140.

delhirocks
07-01-2007, 10:51 PM
Does anyone know whether hard copy of Labor approval is required for filing Form 1-140. My Labor status shows certified, but my lawyer is conveying that they have not received my hard copy of approval to process Form I-140 and 485. Can some one tell me if we can take a print out of Labor approval from online status and use it for filing 140.

Yup...according to my lawyer, hard copy is required. I had all my paperwork in by the 22nd..and the reason they did not file on Friday for Monday delivery was that there was no Labor copy. Luckily the labor arrived on Friday...but then my case got pushed behind others...

rajuram
07-01-2007, 11:30 PM
Does anyone know whether hard copy of Labor approval is required for filing Form 1-140. My Labor status shows certified, but my lawyer is conveying that they have not received my hard copy of approval to process Form I-140 and 485. Can some one tell me if we can take a print out of Labor approval from online status and use it for filing 140.

it is required by law. if lost in mail, then you have to do special documentation with i 140

mrdelhiite
07-02-2007, 05:07 AM
We mailed my wife's PP on the 29th. I spoke to the customer service rep at USCIS and he said post mark date is what they see. But I have been seeing other websites say that its got to be received. Thats doesnt sound logical. So wait and watch I guess.


it has to reach USCIS by 29th ... those customer reps are so ignorent if you call them today and ask about when is the getting suspended they will say they have no clue.... dont believe them ...it is effective july 2. Sorry to give you the bad news.
-M

leoindiano
07-02-2007, 06:56 AM
upgraded to PP on 19th. No news, No LUD so far....Even though, they saif July 2nd is cutoff date. Something went wrong around 6/20. Dont see any approvals after that.

tampacoolie
07-02-2007, 07:24 AM
Upgraded to PP on 06/27.
LUD on 06/29 , 06/30 ( working on saturday :confused: ).
Holding my breath.... :(

gcwanter
07-02-2007, 07:27 AM
i upgraded on 6/19.no news yet. saw 2 times lud...

dhirajs98
07-02-2007, 08:30 AM
i upgraded on 6/19.no news yet. saw 2 times lud...

One of my friends who converted his I-140 to PP recently has got a response from USCIS saying that they will take 60 days instead of 15 days to reach to any conclusion. I am not sure whehter they av changed the rules under the hood but ready to announce it.

My I140 is stuck for almost a month now w/o any updates.