If an employer is unable to prove ability to pay, the I-140 cannot be approved. Both the forms can be filed simultaneously. We received an RFE for an I-140 petition based on a PERM approval. Can the cause of RFE on both I-140 and I-485 be the same? If one gets RFE on I-140, does it also creates the RFE on I-485?. From a retrogressed country. If you are unsure about your client's education, talk to a credential evaluator who often works with I-140 cases and their RFEs. While the two lists are somewhat related (insofar as a reason for denial translates to a piece of evidence that could overturn the denial) they have different framings. In case the H1B RFE gets denied I still would have the H4 EAD. When my H1B RFE is responded can i simultaneously apply for an H4/H4EAD using my Spouse I140 with a future date as a backup. Citizenship and Immigration Services (USCIS) has recently issued a large volume of identical requests for evidence (RFEs) on pending applications to adjust status (form I-485) cases. And my case went to California center. Denotes that the user is not currently in your Friend/Contact. We provide Tips on I-140 RFEs. Most of the NIW RFEs challenge the second and third prong of NYSDOT. This necessitates a police clearance certificate from the city of residence and upon our lawyer's advise, we went armed with two of these, one from each of the two cities we have lived in during the 5. I qualify for advance degree classification (eb2 - US masters+0). 2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in. and H1-B or I-140 requirements. H1B RFE Response Time in 2019. I never saw a definitive answer to this scenario, even though USCIS already have the original PERM. However this time, the RFE is lot more accurate and does not ask for work authorization of dependents. A recurring RFE we see every year with H-1B candidates is the education RFE for the Indian three-year bachelor's degree. Concurrent Filing of I-140 Petition and I-485 Application. I also have Bcom + MCA (3+3) but I 140 was applied under US Masters + 0 RFE for reason 'The evidence submitted doesn't establish that the beneficiary is qualified for the position. The petitions for which an RFE may be issued are Form I-29 for alien worker authorization, From I-140 for immigrant work authorization and form I-130 for family visa. Me and my spouse both have I140 Approved. E21= Advanced degree or exceptional ability (E21) - as Green card EB2 Category I-140 Premium Proce…. If a petitioner fails to respond to a RFE, the NSC will usually deny the petition as "abandoned. other than online case status change you wont even know there is an RFE on your I-140. Even if the I-140 petitioner (employer) does not withdraw the pending I-140, there may be a Request for Evidence sent to the employer. For this reason, it can be tempting for beneficiaries to try to meet EB2 requirements with EB3 education. Texas service center is faster than USCIS at Nebraska. Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. USCIS Reasons for H1B RFE: Speciality Occupation, Employer-Employee Relationship, Availability of Work (Off-site), Qualifications, Status violation, In house project. The National Interest Waiver (NIW) application process involves preparing the necessary documentation, filing the NIW petition with U. Can the cause of RFE on both I-140 and I-485 be the same? If one gets RFE on I-140, does it also creates the RFE on I-485?. We got an RFE on the I-485. RFE/RL journalists report the news in 22 countries where a free press is banned by the government or not fully established, including Iran, Afghanistan, Pakistan, and Russia. I understand you are concerned about the H-1B and I-140, but you have an attorney providing guidance. Eligible persons for EB2 immigrant visa include those who: Hold an advanced degree or its equivalent; or; Have an exceptional ability in the sciences, arts, or business. Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. by Victoria Chen, Esq. EB2/NIW I-140 RD 09/12 EB2/NIW I-140 AD 11/12 EB1B RD 10/31/14 non-PP I-140/I-485 CC REF 05/27/14 EB2 是做薄厚时办的, EB1B是进公司后办的,苦等了7个月结果等来了RFE. The 60-day clock starts on the day that USCIS receives your RFE response. Most Common H1B RFE (Request for Evidence) reasons. We have helped many immigrants with filling out, gathering documents in support of, and submitting Form I-140 to USCIS. I wouldn’t call the I-485 approval just a formality. The available materials and their comprehensive database made it much easier for us to file the EB2-NIW petition. The good news is EB2 China keeps moving forward, more than a month this time. An "approvable I-140" is one that does not need an RFE. The purpose of the I-485 interview is two fold: first, to confirm the beneficiary’s identity and go through. You can review my timeline. Majority of these RFE are for EB2 India applicants and from Texas Service Center. Citizenship and Immigration Services (USCIS) in order to petition for employment-based permanent residence (that is, to get an employment-based green card). Eventually, on May 18, 2019, the USCIS Texas Service Center approved her EB-2 I-140 petition. Failure to respond to an RFE results in automatic denial of a petition, again with the result that the I-485 will also be denied. 140 EB2, RFE received- Education Evaluation My attorney received RFE. By: Shah Peerally Esq. Ideally, you should call us, and let us take a look. Is that possible? EB3 is taking forever and I know I can get green card quickly through EB2. I also got straight denial without RFE and had Ability to pay and education qualification as 2 reasons for denial. Siskind Summary: The I-140/AC-21/EAD Proposed Regulation By Greg Siskind On December 30, 2015 · 106 Comments The Department of Homeland Security and US Citizenship and Immigration Services have published a long-awaited regulation covering employment-based green card processing, non-immigrant work visas and employment authorization documents. The only exception is NSC waiting for action from customer (in I-140 and I-485). Hi, I work as FTE for a well known company and I140 is filed in Premium last month in EB2 category. Dates below are in MM/DD/YYYY format. To keep yourself up do date with the processing times, feel free to use this handy tool from USCIS to track how long USCIS will take to process your case. We have helped many immigrants with filling out, gathering documents in support of, and submitting Form I-140 to USCIS. Track Your Green Card Application Status Efficiently and Effectively. This didn't affect their nonimmigrant status. There normally is no particular reason that the USCIS would have concerns about two I-140 petitions in different classifications. We got our I-140 approved faster than we expected (without an RFE) and retained Chen Immigration Law Group for our I-485 petition as well. Typical Green Card Process for Employment category based goes through 3 Majors Stages. Now my employer filed I - 140 in the end of september. [ISO MUST insert the reason(s) why the evidence listed under this subsection is insufficient to establish. The client is an engineer with 4 citations and 2 peer-review articles. Top USCIS Reasons for H1B RFE, Specialty Occupation. Sorry to ask again Chris. SPECIAL FOR YOU!!! Buy Rechargeable Automatic Smart Robot Vacuum Cleaner Edge Cleaning Suction Sweeper Window on ecuriesdurfe. Otherwise, you run the risk of delaying your case further or including information that may harm the outcome. Texas service center is faster than USCIS at Nebraska. An "approvable I-140" is one that does not need an RFE. Specialty Occupation. It is worth noting that RFEs may be issued for multiple reasons. If so, the employer has very little incentive to respond. If a petitioner fails to respond to a RFE, the NSC will usually deny the petition as "abandoned. The most common H-1B RFE reasons include:. Immigrants with special skills and abilities can use Form I-140, Immigrant Petition for Alien Worker, to petition U. It seems odd that there has been so many RFE for photos. Upon extensive subsequent follow-up, we were also able to have the denied I-485’s reopened and linked to the approved I-140, saving the applicant thousands of dollars in filing fees. What is the Reference For Evidence (RFE)? What to do if your NIW case was denied? What is EB-2 NIW (National Interest Waiver)? How to apply for EB2 NIW? step by step guide; Frequently asked questions (FAQs) Can you get EB2-NIW without a PhD? For filing i485, should I wait 90 days after I sign a new I20? When can you raise a service request. Form I-140 Categories 1st Preference E11 - Alien with Extraordinary Ability E12 - Outstanding Professor and Researcher E13 - Multinational Manager and Executive 2nd Preference E21 - Member of the Professions holding an Advanced Degree or an Alien of Exceptional Ability (Not seeking a National Interest Waiver). With more than 400. The tip includes: instructions on responding to RFE within the regulation's short timeframe; instructions to follow after a petition has been denied as abandoned for failure to respond to an RFE; and instructions for requesting reopening where an RFE was never received. This article intends to explain what triggers RFE of EB1A petition. Otherwise, you run the risk of delaying your case further or including information that may harm the outcome. There normally is no particular reason that the USCIS would have concerns about two I-140 petitions in different classifications. The difference from your case was that I have 4 year engineering degree. Whenever we needed assistance along the way we were provided with help and answers very quickly. Choosing the HSI team to handle my NIW RFE response was the right choice!" - Dr. 140 EB2, RFE received- Education Evaluation My attorney received RFE. Citizenship and Immigration Services (USCIS) to classify an alien beneficiary as eligible for an immigrant visa based on employment. An unconfirmed theory for the reason behind this sudden deluge of I-140 receipt and approval email notices is a glitch with TSC's email servers. An RFE is unlikely on this matter. Explanation of the Old I-140 Email Notices. The petitions for which an RFE may be issued are Form I-29 for alien worker authorization, From I-140 for immigrant work authorization and form I-130 for family visa. I-140 Upgrade from EB3 to EB2. Does anyone know all the reasons for issuing I 140 RFE could be? I applied i. Except for self petitions, only the petitioning employer or the attorney of record of the I-140 petition may file the Form I-907 to request premium processing. An alien can generally petition for permanent residency by filing I-485 adjustment of status application, on the basis of employment (through Form I-140 in either of the EB-1, EB-2, and EB-3 categories). EB3 to EB2 Porting We have over 10 Years of Experience in handling Employment based Green Cards and porting from EB3 to EB2 preference Category, we Comply with USDOL Regulations for PERM Process and I-140 Process with the USCIS. EB1C I140 RFE - Response Time. The "customer waiting for action" column for TSC is likely to increase by few thousand cases due to huge volume of RFE issued to EB2 India (and few other) applicants. They are: 1. There normally is no particular reason that the USCIS would have concerns about two I-140 petitions in different classifications. In the same way, some jobs simply don’t meet the specialization requirements of EB2 or EB1. H1B RFE Response Time in 2019. Choosing the HSI team to handle my NIW RFE response was the right choice!" - Dr. There are a lot of complaints with reference to the significant USCIS delays in sending out Requests for Evidence. Its been 7 weeks since the status changed to RFE Response received. Please click on username to view complete case detail. What happens if the I-140 petition is denied? I know several people who got their I-140 petitions denied (or they received the RFE and didn't reply to it, effectively abandoning their petition). We got our I-140 approved faster than we expected (without an RFE) and retained Chen Immigration Law Group for our I-485 petition as well. Do you know the reason for your 1st denial and the second RFE? I am EB2 India. The purpose of the I-485 interview is two fold: first, to confirm the beneficiary's identity and go through. Most of the NIW RFEs challenge the second and third prong of NYSDOT. We provide Tips on I-140 RFEs. These show the MOST updated information. It's Official - USCIS Begins Rulemaking Process on I-140 EADs. There normally is no particular reason that the USCIS would have concerns about two I-140 petitions in different classifications. USCIS has started issuing hundreds or thousands of RFE on pending I-485 applications. Can you file I-140 and I-485 concurrently? Yes, for some cases, USCIS does allow for the concurrent filing of Form I-140 Immigrant Petition for Alien Worker and Form I-485 Adjustment of Status application for employment-based green card preference categories, including EB-1, EB-2 and EB-3. BEYOND THE LABOR CERTIFICATION: I-140 AND I-485 PROCESSING OVERVIEW. We welcome DHS's publication of the final rule and we believe that many foreign workers will benefits from the many provisions included in the rule. Ali Beytollahi the head of Iran's Seismology Center also says that in the Varamin region near Tehran three high-voltage electricity lines and railroads are facing dangers. I got an RFE on I140 requesting the below, 1. Although it is standard practice for the NSC to send an I-140 RFE to both the petitioning employer and the attorney of record, sometimes neither party receives the RFE. Tags: Green Cards, I-485 Application, RFE As per my earlier post , USCIS issued many RFEs for pending employment-based I-485s (applications for adjustment of status, or green card applications) this summer in anticipation of the priority dates for those cases becoming current. USCIS Reasons for H1B RFE: Speciality Occupation, Employer-Employee Relationship, Availability of Work (Off-site), Qualifications, Status violation, In house project. The ground in areas around Tehran is sinking at a rate of 26 centimeters or 10 inches a year, Yahya Jamour told ISNA, and this is the reason the electrical grid faces problems. The Policy Memorandum cites a number of reasons for I-140 revocation and many of these reasons may be interpreted broadly to apply to a wide variety of I-140 cases. The reason "yet" is added in there is because if you don't deal with the RFE, in time, and correctly the first time, you will get the dreaded denial after all. Majority of these RFE are for EB2 India applicants and from Texas Service Center. Upon extensive subsequent follow-up, we were also able to have the denied I-485's reopened and linked to the approved I-140, saving the applicant thousands of dollars in filing fees. One of the most critical parts of an I-140 Immigrant Petition filed in the Employment-Based Green Card application is the employer being able to prove their ability to pay the proffered wage. My Labor got approved in March 2009. However, the PD is Jul'18 even though priority date porting was requested. For many employers, this. Our office continues to monitor I-140 cases and developments for possible expansion of I-140 revocation proceedings. Dates below are in MM/DD/YYYY format. By: Shah Peerally Esq. If so, the employer has very little incentive to respond. Some Statistics on I-140 Applications Using trackitt. Premium Processing is a service offered by USCIS for which anyone filing an I-140 (or with an I-140) can pay USCIS an extra $1225 and they will guarantee processing your case within 2 weeks or they will refund your money (and, according to USCIS, continue processing the case in an expedited manner). We have helped many immigrants with filling out, gathering documents in support of, and submitting Form I-140 to USCIS. RFE/RL journalists report the news in 22 countries where a free press is banned by the government or not fully established, including Iran, Afghanistan, Pakistan, and Russia. The EB-1 category is composed of three sub-groups:. Below we will go over some of the top reasons for denial and discuss your options if denied. I have to quit my job for family reasons. Here are some of the more common reasons for why you might receive an NIW RFE letter: Lack of Acceptable Letters of Recommendation. BEYOND THE LABOR CERTIFICATION: I-140 AND I-485 PROCESSING OVERVIEW. A NOID comes equipped with a list of reasons for denial. To keep yourself up do date with the processing times, feel free to use this handy tool from USCIS to track how long USCIS will take to process your case. Please click on username to view complete case detail. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file her adjustment of status application. The purpose of this article is to discuss the technical/mechanical considerations associated with downgrading an EB-2 I-140 approval to become an EB-3 I-140 approval with the same priority date. How is NOID different from RFE? NOID stands for Notice of Intent to Deny and RFE stands for Request for Evidence; In case of RFE, USCIS requests for additional information from the applicant, where as in case of NOID, USCIS decides on the ineligibility of approving the case filed due to the evidences provided. Sep 07 - We have cleaned up this thread and archived all old posts. USCIS has started issuing hundreds or thousands of RFE on pending I-485 applications. Lately, the USCIS has been issuing more RFE (Request for Further Evidence) for Petitioners of EB-1 alien of extraordinary ability status. No reason to believe I-140 reforms are still not coming. Shah Peerally is a Bay Area Immigration Lawyer offering immigration legal services in the San Francisco Bay area. Forums H Visas Student Visas Green Cards Other Visas General Discussions More. EB2 China to move three to five weeks per month EB2 India expected to move to June or July 2008 in May, then late 2009 by August EB3 India will move one to two weeks per month Posted 4/7/2015. I am now going begin the process of changing my status by filing out the I-485, together with the Employment Authorization. My employer is a very big company and colleagues who's I 140 got filed after me also got approved few months back itself. Although it is standard practice for the NSC to send an I-140 RFE to both the petitioning employer and the attorney of record, sometimes neither party receives the RFE. Citizenship and Immigration Services (USCIS) rejects or denies thousands of I-130 petitions each year. Citizenship and Immigration Services (USCIS) or the U. Accompanying information: A RFE comes with a list of additional types of evidence needed. However, this is only on average. Citizenship and Immigration Services (USCIS) to classify an alien beneficiary as eligible for an immigrant visa based on employment. Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years. The tip includes: instructions on responding to RFE within the regulation's short timeframe; instructions to follow after a petition has been denied as abandoned for failure to respond to an RFE; and instructions for requesting reopening where an RFE was never received. There is a package in the kit as well which handles these aspect, so I'm good to go. For this reason it is best to consult a qualified immigration professional to make sure you are handling your application properly. Still waiting for the letter stating for the reason. I am now going begin the process of changing my status by filing out the I-485, together with the Employment Authorization. If so, the employer has very little incentive to respond. Please remember that even though USCIS states that I-140s are being processed in 4 months does not mean that you will have your approval in 4 months. This slows down the game for everyone waiting in line that qualified for EB2 to start with!. Request for Evidence (RFE) - I-140 RFE - I-485 RFE. How is NOID different from RFE? NOID stands for Notice of Intent to Deny and RFE stands for Request for Evidence; In case of RFE, USCIS requests for additional information from the applicant, where as in case of NOID, USCIS decides on the ineligibility of approving the case filed due to the evidences provided. I got an RFE for my H1B extension. 标 题: Re: 6月EB2降级EB3纽约面筋,面试后要RFE 发信站: BBS 未名空间站 (Tue Jul 10 11:49:59 2018, 美东) 我是2月回复了NBC的RFE交了J表,5月纽约面试后一直没消息,结果刚收到纽约field office的RFE又要J表,还要3年交税记录和current employment letter/W2/pay stub什 么的。. i140 processing time is 3-12 months. EB3 Cannot Simply be Changed to EB2. Premium Processing for I-140 Petitions Premium Processing for some I140 petitions is a service provided by the Department of Homeland Security (USCIS) that offers 15 day processing for certain employment-based petitions and applications. There is problem with my Education Evaluation. However, if there is no RFE, it is often extremely difficult and entangling to request such a transfer. This article focuses on the most common RFE reasons (part 2). Candidates who do not submit credential evaluations that account for the missing fourth year of education with their initial petition get RFEs about it this time of year. After the NIW I-140 petition submission, it is not rare that an alien applicant receives a Request For Evidence (RFE) letter from a USCIS Service Center. In recent months, there is significant cut-off dates movement for EB3 Category for individuals born in China. Our office continues to monitor I-140 cases and developments for possible expansion of I-140 revocation proceedings. The Policy Memorandum cites a number of reasons for I-140 revocation and many of these reasons may be interpreted broadly to apply to a wide variety of I-140 cases. These requirements are extremely specific, but also very clearly spelled out. Both the forms can be filed simultaneously. I didnot get any issues in my Labor. Most Common H1B RFE (Request for Evidence) reasons. The Form I-140, Immigrant Petition for Alien Worker, is used to petition U. If the third criterion is not easy to find, one should consider filing under the EB2-NIW category. E21= Advanced degree or exceptional ability (E21) - as Green card EB2 Category I-140 Premium Proce…. There normally is no particular reason that the USCIS would have concerns about two I-140 petitions in different classifications. “I would like to inform you that my I-140 EB2-NIW has been approved. We then proceeded with the I-140 Petition filing. The waiver applicant must demonstrate that the proposed benefit to be provided will be national in scope. The H1B visa is a temporary visa that is granted to non-immigrants with specialty occupation. Lately, the USCIS has been issuing more RFE (Request for Further Evidence) for Petitioners of EB-1 alien of extraordinary ability status. Premium Processing is a service offered by USCIS for which anyone filing an I-140 (or with an I-140) can pay USCIS an extra $1225 and they will guarantee processing your case within 2 weeks or they will refund your money (and, according to USCIS, continue processing the case in an expedited manner). Next » (Displaying 1 - 10 of 337 cases). Majority of these RFE are for EB2 India applicants and from Texas Service Center. If an employer is unable to prove ability to pay, the I-140 cannot be approved. is through the employment-based (EB-1, EB-2, and EB-3) and the family-based categories. To keep yourself up do date with the processing times, feel free to use this handy tool from USCIS to track how long USCIS will take to process your case. Premium Processing for I-140 Petitions Premium Processing for some I140 petitions is a service provided by the Department of Homeland Security (USCIS) that offers 15 day processing for certain employment-based petitions and applications. The client is an engineer with 4 citations and 2 peer-review articles. It is worth noting that RFEs may be issued for multiple reasons. Failure to file a timely and complete response can result in a denial of the application. Typical Green Card Process for Employment category based goes through 3 Majors Stages. Top Reasons for an NIW RFE. I got a RFE on I140, haven't received it yet, but the online status shows that. This article intends to explain what triggers RFE of EB1A petition. I-140 (EB3) premium processing RFE - More than 30 days and still no response from USCIS Hi! According to my employer, USCIS issued and RFE on my I-140 premium processing petition, and a response was. The Form I-140, Immigrant Petition for Alien Worker, is used to petition U. I 140 Filed In Apr 10th 2015. We got our I-140 approved faster than we expected (without an RFE) and retained Chen Immigration Law Group for our I-485 petition as well. There is a package in the kit as well which handles these aspect, so I'm good to go. 2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in. Read More – Check USCIS Case Status Online. We immediately filed a new I-140 case, and this second filing was ultimately approved without any RFE or Intent to Deny. For EB1-A Alien of Extraordinary Ability and EB-2 National Interest Waiver, the alien can do self-petition. A NOID comes equipped with a list of reasons for denial. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome. Nationals from India and China have long-wait times for Green Card in EB2 and EB3 Employment based category. However this time, the RFE is lot more accurate and does not ask for work authorization of dependents. Failure to file a timely and complete response can result in a denial of the application. Do you know the reason for your 1st denial and the second RFE? I am EB2 India. Immigrants with special skills and abilities can use Form I-140, Immigrant Petition for Alien Worker, to petition U. However, this is only on average. I am not sure if the request for photographs is because USCIS is simply loosing them. There are a lot of complaints with reference to the significant USCIS delays in sending out Requests for Evidence. com, I made some graphs and did some basic hypothesis testing. My this extension is based on 140 approval if i change my LCA title in new extension then will it be problem to apply with old 140 ?. I qualify for advance degree classification (eb2 - US masters+0). I am not sure if the request for photographs is because USCIS is simply loosing them. There is problem with my Education Evaluation. For many employers, this. We have helped many immigrants with filling out, gathering documents in support of, and submitting Form I-140 to USCIS. Starting from December 2013, EB-3 immigrant visa cut-off date is actually earlier than the EB-2 immigrant visa cut-off date, which means the EB-2 applicants must wait longer than EB-3 applicants among Chinese applicants. The most likely reason is USCIS is waiting for response on RFE issued to these applicants. There has not been an official explanation by TSC or USCIS yet. I got a RFE on I140, haven't received it yet, but the online status shows that. I have an I-140 EB1 Petition on RFE I have an I-140 EB2 NIW Petition on Appeal I have an I-485 Pending (Tied to EB2 - Answered by a verified Immigration Lawyer We use cookies to give you the best possible experience on our website. Even if the I-140 petitioner (employer) does not withdraw the pending I-140, there may be a Request for Evidence sent to the employer. The H1B will be likely for 3 + 3 years plus extensions based on the approved I-140. I had applied for i-140 in EB2 advanced degree category in July 2014. They are: 1. Reason was magic language used in PERM. An RFE is unlikely on this matter. The cut-off for all other EB2 countries are Current. When USCIS requires more information to proceed further your application, it will issue you RFE. If an employer is unable to prove ability to pay, the I-140 cannot be approved. They are: 1. He has master's degree and did not have any paper review experience or award. , not India or China) is October, 2014 this month. My EB3 - I-140 Denied without an RFE. com, I made some graphs and did some basic hypothesis testing. Typical Green Card Process for Employment category based goes through 3 Majors Stages. Forms, fee, petition letter and letters of recommendation should be included at the very beginning of EB2 NIW package. For this reason, it can be tempting for beneficiaries to try to meet EB2 requirements with EB3 education. This site provides applicants the ability to see an estimate of the time to completion from submission of USCIS forms based on its adjudication location and subtype. Received RFE on 1st week of May 2019 and asked to submit on End of July 2019. How is NOID different from RFE? NOID stands for Notice of Intent to Deny and RFE stands for Request for Evidence; In case of RFE, USCIS requests for additional information from the applicant, where as in case of NOID, USCIS decides on the ineligibility of approving the case filed due to the evidences provided. My Labor got approved in March 2009. PERM (Masters + 0 Exp)/BS + 5 yrs exp. The most likely reason is USCIS is waiting for response on RFE issued to these applicants. For this reason it is best to consult a qualified immigration professional to make sure you are handling your application properly. H4 and TN visa applications, PERM (EB2 and EB3), I-140 petitions and I-485. The most likely reason is USCIS is waiting for response on RFE issued to these applicants. So we submitted on 25th July 25th 2019 and USCIS confirmed the receipt. If the third criterion is not easy to find, one should consider filing under the EB2-NIW category. The Form I-140, Immigrant Petition for Alien Worker, is used to petition U. The cut-off for all other EB2 countries are Current. Failure to respond to an RFE results in automatic denial of a petition, again with the result that the I-485 will also be denied. Eligible persons for EB2 immigrant visa include those who: Hold an advanced degree or its equivalent; or; Have an exceptional ability in the sciences, arts, or business. In case the H1B RFE gets denied I still would have the H4 EAD. My lawyer told me that USCIS need additional financial documents. This site provides applicants the ability to see an estimate of the time to completion from submission of USCIS forms based on its adjudication location and subtype. EB1, EB2, EB3 and I-140 Petition. These requirements are extremely specific, but also very clearly spelled out. -OR- To satisfy this requirement, you submitted: - - - The evidence you submitted is insufficient. EB2: Date for EB2 India is 15 NOV 04 and EB2 China is 22 MAY 09. The H1B will be likely for 3 + 3 years plus extensions based on the approved I-140. As long as your papers are genuine and in order, and your petitioner files the appropriate paperwork and they can show proof that they can meet sponsorship obligations, I don't see why USCIS would deny your petition. Some Statistics on I-140 Applications Using trackitt. Hi, I was hoping you could tell me if I can upgrade my I-140 from EB3 to EB2. Otherwise, you run the risk of delaying your case further or including information that may harm the outcome. I got an RFE on I140 requesting the below, 1. The purpose of this article is to discuss the technical/mechanical considerations associated with downgrading an EB-2 I-140 approval to become an EB-3 I-140 approval with the same priority date. I filed my Petetion on February 14th, got receipt number on Feb 24, Received RFE Required note on April 24th, My company responded back to RFE and the Status changed to RFE responded on 24thMay. Reason for interview was a double failure to get clear FPs for spouse. You can review my timeline. 2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in. Downloads H1B/H4 Visa Templates H1B Technical Descriptions F1/OPT/STEM/OPT Templates PERM/I-140 Templates. USCIS has started issuing hundreds or thousands of RFE on pending I-485 applications. I got I-485 denied due to lack of visa screen during the 30 day window of RFE in 2008. And my case went to California center. Upon extensive subsequent follow-up, we were also able to have the denied I-485's reopened and linked to the approved I-140, saving the applicant thousands of dollars in filing fees. 00 effective Dec 2nd. However this time, the RFE is lot more accurate and does not ask for work authorization of dependents. Most of the NIW RFEs challenge the second and third prong of NYSDOT. Premium Processing for I-140 Petitions Premium Processing for some I140 petitions is a service provided by the Department of Homeland Security (USCIS) that offers 15 day processing for certain employment-based petitions and applications. For many employers, this. Immigration lawyers and attorneys for high-skilled immigration, including EB-1A (EB1A) extraordinary ability green cards, EB-1B (EB1B) outstanding researcher and professor green cards, EB-2 NIW National Interest Waiver green cards and O-1 (O1) extraordinary ability visas. I had a approved I-140 from Employer-A under EB3 category with PD-Oct'12. The EB-1 category is composed of three sub-groups:. The 60-day clock starts on the day that USCIS receives your RFE response. Next » (Displaying 1 - 10 of 337 cases). 00 effective Dec 2nd. Employees who are employed pursuant to nonimmigrant work visas such as H1B or L1 are considered "temporary" employees for immigration purposes as nonimmigrant visas have time limitations with regard to the number of years one may remain working in the. My Labor got approved in March 2009. The cut-off for all other EB2 countries are Current. No reason to believe I-140 reforms are still not coming. Can you file I-140 and I-485 concurrently? Yes, for some cases, USCIS does allow for the concurrent filing of Form I-140 Immigrant Petition for Alien Worker and Form I-485 Adjustment of Status application for employment-based green card preference categories, including EB-1, EB-2 and EB-3. the wages proffered to the beneficiaries of multiple I-140 petitions. Please click on username to view complete case detail. The following is a list of the top 10 reasons USCIS issued an RFE in response to an H-1B petition in FY 2018. The client received RFE, primarily because his impact on his fields was challenged by the immigration officer. Request for initial evidence (or better known as an RFE) is a letter that USCIS or the National Visa Center mails you when something is missing from I-130 petition or you haven't provided enough evidence for them to approve the application. Read More – Check USCIS Case Status Online. If you've received an RFE for an education situation, it means you've already fallen into an H-1B education trap. H4 and TN visa applications, PERM (EB2 and EB3), I-140 petitions and I-485. Most Common H1B RFE (Request for Evidence) reasons. One of the most critical parts of an I-140 Immigrant Petition filed in the Employment-Based Green Card application is the employer being able to prove their ability to pay the proffered wage. Do you know the reason for your 1st denial and the second RFE? I am EB2 India. Can you file I-140 and I-485 concurrently? Yes, for some cases, USCIS does allow for the concurrent filing of Form I-140 Immigrant Petition for Alien Worker and Form I-485 Adjustment of Status application for employment-based green card preference categories, including EB-1, EB-2 and EB-3. No movement for EB2 India. Candidates who do not submit credential evaluations that account for the missing fourth year of education with their initial petition get RFEs about it this time of year. According to all indications from USCIS, however, it should be announced soon. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability) and EB1-B (Outstanding Researcher/Professor). Does the W-2 weigh heavily in the. GC - PERM/I-140/I-485 TN Visas L1/L2 Visas E3 Visas Immigration News Outlook More. Prepare RFE related documents and maintain all supporting documentation for RFE responses for H1B, I-140 and I485. It's Official - USCIS Begins Rulemaking Process on I-140 EADs.