Eb3 I 140 Rfe Reasons

The RFE does not change the pending status of the underlying petition of I-140. Its been 7 weeks since the status changed to RFE Response received. What do I do when I receive an RFE? It is necessary that the RFE is thoroughly read by the petitioner as well as the beneficiary and determine the required documents to be submitted to the USCIS in order to provide evidences in regard to your case. An RFE will indicate a deadline for response. Request for Evidence (RFE) Details A request for evidence or RFE is a formal request from USCIS to provide further documentation for a pending application for an immigration benefit. In many cases, USCIS will give you an opportunity to fix the problem before they issue a denial notice for the petition. Have my I-140 approved EB3 PD Oct 2015. Read More - Check USCIS Case Status Online. A great update from AILA to our anxious EB3 applicants and blog readers. This Rule sets forth two alternative methods for concurrent filing: • The I-140 and I-485 can be filed together. Before you start to have nightmares about denials, lets share the common RFEs that you can expect and what you can expect in this article. Some Statistics on I-140 Applications Using trackitt. Country of Origin Nepal category EB3. All EB green cards require a Form I-140. The most common I140 RFE is company's ability to pay. my eb3 priority date is nov 2009 and that my petitioner hasnt yet paid the visa fee. At TheDegreePeople we work with I-140 RFEs every year and understand CIS approval trends and what triggers RFEs. Hi, I was hoping you could tell me if I can upgrade my I-140 from EB3 to EB2. I-140 got approved but did not port EB3 priority date. The first and most ubiquitous factor that makes it nearly impossible to pin down a specific time frame for any immigration petit. Generally, it will not exceed 12 weeks. Can an employer Revoke an approved form I-140 after 180 days? We often get the question whether an employer can revoke an approved I-140 once 180 days has passed. PERM: Labor Certification for Permanent Residence The Most Common Green Card Path. The Three Most Common Reasons for I-140 Denial By: Emily Neumann Reddy & Neumann, P. The following steps are suggested when requesting a duplicate ETA-750 through USCIS. An I-140 petition is the second step in the employment based Green Card process. will my I 140 get approved?. com Petitioner's Name Current Address Contact Info USCIS Current address Re: Request for Evidence (response) Case # Dear USCIS officer, This RFE inquired about …. During the same period, EB3 worldwide has advanced by 13 months to August, 2002. However, the issuance of an RFE will extend the overall processing time of your case. My case is like this:I have applied for eb3 with priority date feb2004. In order to get the data, I simply scraped all the webpages using R, and cleaned the data by removing incomplete cases. Over 1M Users on Trackitt NSC EB3 I-140 RFE trend. What was the processing time for EB3? Could you please suggest me which category (EB3 / EB2) is the best at this point? Little worrying about my H1B max out time. The case facts: A Computer System Analyst received a specialty occupation RFE with a level 1 wage issue. Hi, This is Srinivas. The filing address depends on whether you are filing Form I-140 by itself or with another form. my eb3 priority date is nov 2009 and that my petitioner hasnt yet paid the visa fee. I know it has to be abou. Due to the Jul 2007 fiasco and also since the PD's of EB2-I and EB3-I were pretty close, we went ahead and filed for 485's based on my approved EB3-140. For this reason it is best to consult a qualified immigration professional to make sure you are handling your application properly. The lawyer has not received the official letter stating the reason for the denial yet but I was wondering if you could give me some information about reasons that you have heard before. There has been an uptick of RFEs being issued by United States Citizenship and Immigration Service (USCIS) under the Trump administration. Once your PERM Labor Certificate is approved, your employer will file a Form I-140 - known as Immigrant Petition for Alien Worker - on your behalf. From H1B to Green Card Process Foreign nationals can request an extension to their H-1B status in one-year increments if their Labor Certification or I-140 was filed a year (365 days) prior to the end of their 6 year limit. Shah Peerally is a Bay Area Immigration Lawyer offering immigration legal services in the San Francisco Bay area. com, I made some graphs and did some basic hypothesis testing. Many applicants are happy to make it past the labor certification phase only to end up with a denial at the I-140 stage. Dates for EB3 ROW is likely to move forward by another 10-12 months in December VB. Thanks for your question! There are actually several steps and factors that affect your typical I-140 processing time. USCIS could respond on a RFE case between 3 weeks to 12 weeks about the decision made on your case. If an employer is unable to prove ability to pay, the I-140 cannot be approved. Sumner Immigration Law (SIL) receives the RFE notice: We scan the RFE notice, which outlines what USCIS is asking for, and we email it to the employer. For what reasons they dont provide updates on my case. I have EB3 I-140 was approved, I-485 was files in 2007 recently year ago ported EB3 to EB2 , new I-140 was approved on 2016 October. Despite these independent bases for work and travel authorization, it is recommended that AOS applicants maintain their underlying nonimmigrant status at least until the I-140 is approved. More recently, I sent an EB1A concurrent petition (I-140 and I-485) on May 14, 2019 using my 2013 priority date. Many approved I-140 cases start with. Top USCIS Reasons for H1B RFE, Specialty Occupation. Please include on the top of the I-140, Petition for Alien Immigrant Worker, a cover sheet (preferably. 2019년 5월 lc 승인 2019년. Question, I have an approval of Labor Certification and Form I-140 immigrant visa petition in the employment-based, third preference (EB3) category. I thank everyone that can help me understand this situation a little bit better. Dates for EB3 ROW is likely to move forward by another 10-12 months in December VB. 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. The I-140 is your immigration petition. 7월 초 140,485 I 140 추가 서류 ( Multiple reasons )-회사 재정 관련-회사 합병 관련-개인 학위 (대학 4년 증명) 1. Citizenship and Immigration Services (USCIS) needs more information in order to proceed any further on your application, it will issue you a Request for Evidence (RFE) on blue paper. It is not denial , but just RFE. The application process lasts approximately 10 to 14 months, and Visa Solutions facilitates the entire process. Track Your Green Card Application Status Efficiently and Effectively. Country of Origin Nepal category EB3. The does NOT work for EB2 because the Bachelor's degree must be a single source, so combining years of education with work experience will just result in an RFE or Denial. The time given to respond to an RFE is generally 87 days. Many applicants are happy to make it past the labor certification phase only to end up with a denial at the I-140 stage. This year, you may not get a chance to fortify your case with an RFE. Hi! I'm putting this here rather than chatting with my lawyers because I'd love to hear your actual experiences and have a better understanding. For this reason, it can be tempting for beneficiaries to try to meet EB2 requirements with EB3 education. Request for Evidence (RFE) fo EB1 Extraordinary Ability, EB1 Outstanding Professor or Researcher, EB2 National Interest Waiver - Request For Evidence Questions and Answers - detailed outstanding researcher RFE response process for EB1 and NIW, request for evidence requirements for EB1 andf NIW, EB2 National Interest Waiver petition, and how to answer RFE requests from USCIS. com Eb1 trackitt. A Request For Evidence (RFE), is a request issued by the United States Citizenship and Immigration Services to petitioners for residency, citizenship, family visas, and employment visas. An employee should be able to attach his/her approved I-140 from a previous company at the time of filing I-485 in the new company instead of being required to obtain a new I-140 approval. 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 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. The reasons this time should be reduced are: 1. All EB green cards require a Form I-140. In either case, the USCIS notes that if you do not have such documentation, they will review their electronic records for the I-140/I-485 receipt number provided on the Supplement J. The Request For Evidence (RFE) does not mean that the original I-140 filing was incomplete. Eb1 trackitt - pizzahut1150. By reading this article, you will find out what an RFE is and what you should do when you receive one. Thank you-. My previous employer had filed my I-140 (EB3) and it got approved after I left the company. I do not know of any one reason why they did that. The EB3 green card is intended for workers with the lowest qualification when compared to EB1 and EB2 category. Thousands of people from India are awaiting for their permanent residence based on employment categories 2 (EB 2) and (EB3). 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. , that the original I-140 petition was filed on behalf of an alien who was entitled to the employment-based classification and that the petition contained a valid job offer at the time that the petition was filed. So now I got a RFE asking detailed duties performed before the LC priority date which is October 2007. As noted above concerning concurrent I-140 and I-485 filing, however, it’s still a good idea to talk with an immigration lawyer about the I-140 denial and your planning options. The I-140 petition is the second step in the path to the green card for most employment-based applicants. 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. I got an RFE on I140 premium processing and USCIS received response 3 weeks back I got an RFE on I140 premium processing and my lawyer replied to the RFE 4 weeks back. That is also a strong possibility and may be more likely. 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. Hello there, Recently my I-140 recapture petition got denied due to unknown reasons. If your adjustment of status case has been pending more than 180 days, and you have an approved I-140, you are permitted to change employers under AC-21. I 485 Denied Immihelp. Most Common H1B RFE Reasons February 16, 2018 by Beeraj Patel, Esq. Further, an I-140 won't impact other visas or statuses that allow for dual intent, including L-1, O-1 and P visas. STEM OPT Extension RFE-Did this happen to anyone? I did not get mail to my home but it says they have posted it today and will receive it in a couple of days but for now i just wanted to know that does this actually happen to any one i am a bit worried. Most Common H1B RFE Reasons February 16, 2018 by Beeraj Patel, Esq. With a new Master degree and additional job experience, can I upgrade my Green Card application case from EB3 to EB2 category?. Sign this petition. The RFE rate is high because for premium they have less than a month to review and decide. The client is an engineer with 4 citations and 2 peer-review articles. 2019년 5월 lc 승인 2019년. Upon receiving it, the immigration lawyer must meticulously strategize a response in conjunction with the client. My attorney did do a MTR but was denied again. It may be relevant that it has happened immediately after the final RFE/NOID memo was published. What Is RFE (Request for Evidence)? An RFE is a document issued by USCIS when an application or a petition does not have the necessary documentation. Two Common Reasons and Solutions for Educational RFEs for EB2 Petitions posted May 10, 2016 in RFEs (H1B, I-140, PERM, Consulate) by Sheila Danzig ( 8,100 points) | 523 views eb2-rfe. Q: Can I Travel while my Adjustment of Status is pending? Yes. The most reliable immigration sharing and tracking community with latest approval notice. Reasons for I-140 Denial I am currently waiting for the result of my I-140 application and was wondering what the common reasons are for I-140 denials. The following is a list of the top 10 reasons USCIS issued an RFE in response to an H-1B petition in FY 2018. I have see rejections in EB2 due to this. Due to some dirty politics, they fired me, revoked my h1b and later (in about 3-4 months) also revoked my approved I-140 in EB3. He has master’s degree and did not have any paper review experience or award. It just happens that the pending EB2-I cases are the first to feel the effect. I-140 Denied- Reason for denial not clear Posted: 13 Apr 2009 Hi, My I-140 got denied. Am I Allowed to Change Jobs with a Pending I-485? Yes. Form I-140 Immigrant Petition for Alien Worker is the name of the document filed with U. (briefly explain why the RFE was issued). Top USCIS Reasons for H1B RFE, Specialty Occupation. The reasons are listed from most common to least common. Sample H1B RFE Response for In-House Employment– Client Projects. Specialty Occupation. Thank you-. Smith initially contacted Z&A in July 2007 for a free consultation regarding his I-140 NIW petition. Most employees waiting on their. Why and when does USCIS issue RFE's? Generally, an application or petition falls into 3 categories: (1) record is complete and case is approvable;. The Form I-140, Immigrant Petition for Alien Worker, is used to petition U. If you add a user to the contact list, you will receive email notification of the user updates their green card application data. As an Experienced immigration attorney in the Bay Area, his law firm situated in Fremont-Newark focuses on immigration laws with an emphasis on employment based immigration H1B visa, L1A, L1B visas, PERM Labor Certification. However, we need to keep our eye on the main goal which is the permanent residence waiting time - Sign the petition to reduce EB2 and EB3 categories. Failure to file a timely and complete response can result in a denial of the application. If your employer has all genuine documents, premium is the way to go. 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. The lawyer has not received the official letter stating the reason for the denial yet but I was wondering if you could give me some information about reasons that you have heard before. USCIS denies your I-140 petition on June 1, 2019. The most reliable immigration sharing and tracking community with latest approval notice. Country of Origin Nepal category EB3. I do not know of any one reason why they did that. Some Statistics on I-140 Applications Using trackitt. Law Offices of Jacob J. I-140 approved Change job- EB3 to EB2? I am a EB 3 GC applicant and my I-140 is approved in 2009-4. Will it impact my I-140 approvals? The reason for asking these questions are: My H1B is maxing out next year October. Before you start to have nightmares about denials, lets share the common RFEs that you can expect and what you can expect in this article. The RFE does not change the pending status of the underlying petition of I-140. I did have an approved EAD until I got an RFE. , that the original I-140 petition was filed on behalf of an alien who was entitled to the employment-based classification and that the petition contained a valid job offer at the time that the petition was filed. In this article (and video), you can learn about the Green Card Process and various steps involved for EB1, EB2 and EB3 category. It is not denial , but just RFE. Citizenship and Immigration Services (USCIS) in order to petition for employment-based permanent residence (that is, to get an employment-based green card). Supplement J (Confirmation of Bona Fide Job Offer or Request for Job Portability) is intended to enable USCIS to confirm that jobs offered to adjustment of status applicants in underlying I-140 petitions are bona fide job offers that the applicant intends to accept once Form I-485 is approved. With more than 400. Table B provides data on the approval and denial for the E-12 classification (Outstanding Professor or Researcher) of the Form I-140, Immigrant Petition for Alien Workers. As most know, NSC concurrent 140's will be taking forever to be processed. Some Statistics on I-140 Applications Using trackitt. During the same period, EB3 worldwide has advanced by 13 months to August, 2002. The reasons this time should be reduced are: 1. As you know, H1B Visa Request for Evidence (RFE) can be very frustrating from everyone perspective as you would need to submit the info and wait for USCIS. 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. **RFE Response to USCIS ­ Sample Cover letter** VisaTutor. What is RFE (Request for Evidence) Request for Evidence (RFE) is a letter or notice USCIS adjudication officer uses to request additional information for pending applications. AILA's comment in response to the USCIS draft RFE template for I-140 petitions for aliens of extraordinary ability. Now when I am checking through USCIS tracker, I am getting the following message. Before you file, let us review your case and identify where in the petition an RFE is likely to be triggered so you can accommodate accordingly. However this time, the RFE is lot more accurate and does not ask for work authorization of dependents. Next » (Displaying 1 - 10 of 334 cases). Dates below are in MM/DD/YYYY format. The I-140 Petition was filed on May 18, 2018 via premium processing service. really worried now. will my I 140 get approved?. The exception is if you have an approved I-140 and you priority date isn't current (or if you LCA has been pending for a. The following is a list of the top 10 reasons USCIS issued an RFE in response to an H-1B petition in FY 2018. Country of Origin Nepal category EB3. On USCIS website if I try to track the receipt number this is what is says May 22nd they received the request, but i havent received the response. EB3 숙련직 진행 하고 있습니다. In short, an approved I-140 also makes H1B much easier to get and makes you eligible for green card. For all visa categories, Form I-140 Immigrant Visa Petition must be approved in order for the priority date to be officially assigned to the employee. 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. I sent out a green card application through my workplace (a prestigious institution) and they helped me with I-140 evidence to collect and think it went very well. Hi, I was hoping you could tell me if I can upgrade my I-140 from EB3 to EB2. The I-140 is your immigration petition. Thank you-. Dates below are in MM/DD/YYYY format. This article intends to explain what triggers RFE of EB1A petition. 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 do not know of any one reason why they did that. Track Your Green Card Application Status Efficiently and Effectively. It may not be possible to file the I-140 under Premium Processing if downgrading based on PERM used to file a previous EB2 I-140, since the original could not be sent with the new EB3 I-140 petition. Before reaching the April 2001 brick wall the cut-off date had moved steadily by 3 months during the previous 3. As an Experienced immigration attorney in the Bay Area, his law firm situated in Fremont-Newark focuses on immigration laws with an emphasis on employment based immigration H1B visa, L1A, L1B visas, PERM Labor Certification. I got an RFE on I140 premium processing and USCIS received response 3 weeks back I got an RFE on I140 premium processing and my lawyer replied to the RFE 4 weeks back. EB3 숙련직 진행 하고 있습니다. And my case went to California center. The Three Most Common Reasons for I-140 Denial By: Emily Neumann Reddy & Neumann, P. Table B: I-140 E-12 Approval/Denial by Fiscal Year 2005 to 2010. I-140 Upgrade from EB3 to EB2. A great update from AILA to our anxious EB3 applicants and blog readers. The I-140 Petition was filed on May 18, 2018 via premium processing service. For those whose priority date is either current or close to current, if consular processing is selected with I-140 premium processing, it may be possible to get the green card faster than I-485. Have my I-140 approved EB3 PD Oct 2015. With more than 400. Its been 7 weeks since the status changed to RFE Response received. The first and most ubiquitous factor that makes it nearly impossible to pin down a specific time frame for any immigration petit. I have not yet received the mail from them. 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). If an I-140 is filed with premium processing, USCIS will issue a determination or an RFE within 15 calendar days. Will this RFE trigger RFE's for the rest awaiting for I-140 …. The client is an engineer with 4 citations and 2 peer-review articles. To share some hope and show that there is chance to overcome a specialty occupation or wage level RFE, I'd like to share a recent approval that I helped one company secure this week. If you don’t receive a response or update within 94 days since USCIS originally sent you the RFE, it's a good idea to call the National Customer Service Center at 1-800-375-5283. Q: Can I Travel while my Adjustment of Status is pending? Yes. 105 (e) Reduction in evaluation—compensation. Hi, This is Srinivas. I got I-485 denied due to lack of visa screen during the 30 day window of RFE in 2008. My priority date was ported from old I-140 to new I-140. Is that possible? EB3 is taking forever and I know I can get green card quickly through EB2. Applied labor in 2007 under EB2 category( same Company) Applied I-140 Eb2 and requested to port EB3 Priority date. i just filed my i-140 this june, anyone jere denied thier 1-140? What are the reasons of denial?. Where the reduction in evaluation of a service-connected disability or employability status is considered warranted and the lower evaluation would result in a reduction or discontinuance of compensation payments currently being made, a rating proposing the reduction or discontinuance will be prepared setting forth all material facts and reasons. If an employer is unable to prove ability to pay, the I-140 cannot be approved. And in the EVL letter they have responded that the GC position is still there, etc. My attorney did do a MTR but was denied again. USCIS denies your I-140 petition on June 1, 2019. The RFE does not change the pending status of the underlying petition of I-140. The most common I140 RFE is company's ability to pay. It is not denial , but just RFE. Thx in advance Shailendra. As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007. An RFE is unlikely on this matter. Hi Greg, I worked for a biotech company in WI for 3+ years on H1B. 填 I-140 表的时候要注意,Part 4 有一问 "6. I 485 Denied Immihelp. 10 Points to remember when answering a RFE (Request for Evidence) from USCIS (Immigration Services) A Request for Evidence (RFE) is a common tool used by the USCIS (Immigration services) to ask for additional proof in order to make a decision on your case. Why and when does USCIS issue RFE's? Generally, an application or petition falls into 3 categories: (1) record is complete and case is approvable;. It is not denial , but just RFE. What Is RFE (Request for Evidence)? An RFE is a document issued by USCIS when an application or a petition does not have the necessary documentation. Further, an I-140 won't impact other visas or statuses that allow for dual intent, including L-1, O-1 and P visas. The H1B visa is a temporary visa that is granted to non-immigrants with specialty occupation. Before reaching the April 2001 brick wall the cut-off date had moved steadily by 3 months during the previous 3. The EB3 green card is intended for workers with the lowest qualification when compared to EB1 and EB2 category. It just happens that the pending EB2-I cases are the first to feel the effect. 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. Complete all sections of the form. Hi! I'm putting this here rather than chatting with my lawyers because I'd love to hear your actual experiences and have a better understanding. In light of the new USCIS policy memorandum, adjudicators now have the discretion to deny a petition without first issuing and RFE or NOID for all visas, and this includes visas that require a Form I-140. The H1B will be likely for 3 + 3 years plus extensions based on the approved I-140. Hi, I was hoping you could tell me if I can upgrade my I-140 from EB3 to EB2. by Victoria Chen, Esq. Table B provides data on the approval and denial for the E-12 classification (Outstanding Professor or Researcher) of the Form I-140, Immigrant Petition for Alien Workers. It may be relevant that it has happened immediately after the final RFE/NOID memo was published. Shah Peerally is a Bay Area Immigration Lawyer offering immigration legal services in the San Francisco Bay area. The application process lasts approximately 10 to 14 months, and Visa Solutions facilitates the entire process. Reasons for Denying a Petition or Issuing an RFE (Request for Evidence) In recent years, the two reasons most often cited by USCIS directors when denying EB-1C (Multinational Executives and Managers) petitions are (1) failure to demonstrate an ability to pay the proffered wage/salary to the beneficiary, and (2) failure to demonstrate that the beneficiary will be employed in a managerial or. In Oct 2017 my new employer had filed I-140 petition and I received 2 RFE within these 7 months & I was info. 多份 I-485 的申请 既然受益人可以有多份 I-140 的申请,而 I-485 是基于 I-140 的,自然可以提交多份 I-485 了,只要你愿意交申请费。. USCIS could respond on a RFE case between 3 weeks to 12 weeks about the decision made on your case. Upon receiving it, the immigration lawyer must meticulously strategize a response in conjunction with the client. Most Common H1B RFE Reasons February 16, 2018 by Beeraj Patel, Esq. Here is my scenario. Many applicants are happy to make it past the labor certification phase only to end up with a denial at the I-140 stage. EB2-India & China demand based on Priority Date To calculate this for now we can neglect the difference that we see in DHS I-140 Receipts data (Table II) and I-140 demand data from PERM approvals (Table III), then we can roughly estimate total EB2-IC I-140 demand for each fiscal year just by using Table II. EB3 ROW needs your help with “USCIS: Do Not Approve EB2 Downgrade To EB3 Without New PERM”. Hi, This is Srinivas. What happens if I get a Request for Evidence?. **RFE Response to USCIS ­ Sample Cover letter** VisaTutor. Hi Greg, I worked for a biotech company in WI for 3+ years on H1B. However, the issuance of an RFE will extend the overall processing time of your case. 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. Applied labor in 2007 under EB2 category( same Company) Applied I-140 Eb2 and requested to port EB3 Priority date. com Data Using the information that users have shared publicly on trackitt. If not properly answered along with company's tax records and other evidences of paying approved i140 individuals, this could lead to denial. The time given to respond to an RFE is generally 87 days. The most common I140 RFE is company's ability to pay. Denotes that the user is not currently in your Friend/Contact. I know it has to be abou. The application process lasts approximately 10 to 14 months, and Visa Solutions facilitates the entire process. He has master's degree and did not have any paper review experience or award. In either case, the USCIS notes that if you do not have such documentation, they will review their electronic records for the I-140/I-485 receipt number provided on the Supplement J. Dates below are in MM/DD/YYYY format. Will it impact my I-140 approvals? The reason for asking these questions are: My H1B is maxing out next year October. This is a labor substitution case. In this article (and video), you can learn about the Green Card Process and various steps involved for EB1, EB2 and EB3 category. I have no hope for approval anytime soon. The Three Most Common Reasons for I-140 Denial By: Emily Neumann Reddy & Neumann, P. PERM Labor certification; I-140 (Immigration Petition) is the second stage of employment-based green cards process. Hi, This is Srinivas. If you file i-140 in premium , the chances of getting RFE is high. Due to some dirty politics, they fired me, revoked my h1b and later (in about 3-4 months) also revoked my approved I-140 in EB3. Just like the H4, we are hoping this rule will be a savior for many. After obtaining a certified labor certification for a complicated position (an artistic design position), our firm was excited to proceed to step 2 of the greencard process (the I-140) for our clients, as that we had predicted that step 1 would be the most difficult step of the process (this is usually the case). EB3 - Skilled Workers, Professionals and Other Workers. I-140 got approved but did not port EB3 priority date. Please include on the top of the I-140, Petition for Alien Immigrant Worker, a cover sheet (preferably. Webinar: Final I-140 EAD and Job Portability Rule - Analysis and Discussion. What will an I-140 petition not affect? A: An I-140 will not influence your current H-1B status, any applications to transfer your current H-1B status, or applications for an H-1B visa at a U. Supplement J (Confirmation of Bona Fide Job Offer or Request for Job Portability) is intended to enable USCIS to confirm that jobs offered to adjustment of status applicants in underlying I-140 petitions are bona fide job offers that the applicant intends to accept once Form I-485 is approved. Question, I have an approval of Labor Certification and Form I-140 immigrant visa petition in the employment-based, third preference (EB3) category. Sign this petition. What was the processing time for EB3? Could you please suggest me which category (EB3 / EB2) is the best at this point? Little worrying about my H1B max out time. 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 customer is responsible for all return shipping charges in all cases. If you don't receive a response or update within 94 days since USCIS originally sent you the RFE, it's a good idea to call the National Customer Service Center at 1-800-375-5283. It is worth noting that RFEs may be issued for multiple reasons. Each NIW petition should be accompanied by recommendation letters that support your qualifications. RFE Replied Date. Procedure for requesting a Duplicate Labor Certificate. But my attorney is telling why dont we go forward with eb2 perm & I-140 and once it is done send a letter to the uscis asking interfiling with the alreadyfiled eb3 so if everything turnsout well it will be eb2 with eb3's priority date. An employee should be able to attach his/her approved I-140 from a previous company at the time of filing I-485 in the new company instead of being required to obtain a new I-140 approval. AILA's comment in response to the USCIS draft RFE template for I-140 petitions for aliens of extraordinary ability. I-140 Problems: Common RFE Triggers and their Solutions by Sheila Danzig. It subsequently got denied. What was the processing time for EB3? Could you please suggest me which category (EB3 / EB2) is the best at this point? Little worrying about my H1B max out time. Today: EB3 is counting on you. First, USCIS should remind. Feasibility of EB3=>EB2 when my PD is 8/22/2003 5. This article intends to explain what triggers RFE of EB1A petition. As noted above concerning concurrent I-140 and I-485 filing, however, it’s still a good idea to talk with an immigration lawyer about the I-140 denial and your planning options. The only way you can be in valid H1 is if your H1 from Company B is approved. {0 comments}. Processing time from there will depend if your file is sent to the local field office for interview OR if it is kept at NBC with interview being waived and decision of greencard/production done from there. For all visa categories, Form I-140 Immigrant Visa Petition must be approved in order for the priority date to be officially assigned to the employee. Thousands of people from India are awaiting for their permanent residence based on employment categories 2 (EB 2) and (EB3). My lawyer told me that USCIS need additional financial documents. With a new Master degree and additional job experience, can I upgrade my Green Card application case from EB3 to EB2 category?. Is that possible? EB3 is taking forever and I know I can get green card quickly through EB2. EB3 – Skilled Workers, Professionals and Other Workers. Most Common H1B RFE (Request for Evidence) reasons. Make EB2 C and all over flow goes to EB3 I. The RFE rate is high because for premium they have less than a month to review and decide. Table B: I-140 E-12 Approval/Denial by Fiscal Year 2005 to 2010. It is worth noting that RFEs may be issued for multiple reasons. USCIS has started issuing hundreds or thousands of RFE on pending I-485 applications. Here are some of the more common reasons for why you might receive an NIW RFE letter: Lack of Acceptable Letters of Recommendation. I never saw a definitive answer to this scenario, even though USCIS already have the original PERM. 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. my eb3 priority date is nov 2009 and that my petitioner hasnt yet paid the visa fee. The fact-checkers, whose work is more and more important for those who prefer facts over lies, police the line between fact and falsehood on a day-to-day basis, and do a great job. Today, my small contribution is to pass along a very good overview that reflects on one of Trump’s favorite overarching falsehoods. Namely: Trump describes an America in which everything was going down the tubes under  Obama, which is why we needed Trump to make America great again. And he claims that this project has come to fruition, with America setting records for prosperity under his leadership and guidance. “Obama bad; Trump good” is pretty much his analysis in all areas and measurement of U.S. activity, especially economically. Even if this were true, it would reflect poorly on Trump’s character, but it has the added problem of being false, a big lie made up of many small ones. Personally, I don’t assume that all economic measurements directly reflect the leadership of whoever occupies the Oval Office, nor am I smart enough to figure out what causes what in the economy. But the idea that presidents get the credit or the blame for the economy during their tenure is a political fact of life. Trump, in his adorable, immodest mendacity, not only claims credit for everything good that happens in the economy, but tells people, literally and specifically, that they have to vote for him even if they hate him, because without his guidance, their 401(k) accounts “will go down the tubes.” That would be offensive even if it were true, but it is utterly false. The stock market has been on a 10-year run of steady gains that began in 2009, the year Barack Obama was inaugurated. But why would anyone care about that? It’s only an unarguable, stubborn fact. Still, speaking of facts, there are so many measurements and indicators of how the economy is doing, that those not committed to an honest investigation can find evidence for whatever they want to believe. Trump and his most committed followers want to believe that everything was terrible under Barack Obama and great under Trump. That’s baloney. Anyone who believes that believes something false. And a series of charts and graphs published Monday in the Washington Post and explained by Economics Correspondent Heather Long provides the data that tells the tale. The details are complicated. Click through to the link above and you’ll learn much. But the overview is pretty simply this: The U.S. economy had a major meltdown in the last year of the George W. Bush presidency. Again, I’m not smart enough to know how much of this was Bush’s “fault.” But he had been in office for six years when the trouble started. So, if it’s ever reasonable to hold a president accountable for the performance of the economy, the timeline is bad for Bush. GDP growth went negative. Job growth fell sharply and then went negative. Median household income shrank. The Dow Jones Industrial Average dropped by more than 5,000 points! U.S. manufacturing output plunged, as did average home values, as did average hourly wages, as did measures of consumer confidence and most other indicators of economic health. (Backup for that is contained in the Post piece I linked to above.) Barack Obama inherited that mess of falling numbers, which continued during his first year in office, 2009, as he put in place policies designed to turn it around. By 2010, Obama’s second year, pretty much all of the negative numbers had turned positive. By the time Obama was up for reelection in 2012, all of them were headed in the right direction, which is certainly among the reasons voters gave him a second term by a solid (not landslide) margin. Basically, all of those good numbers continued throughout the second Obama term. The U.S. GDP, probably the single best measure of how the economy is doing, grew by 2.9 percent in 2015, which was Obama’s seventh year in office and was the best GDP growth number since before the crash of the late Bush years. GDP growth slowed to 1.6 percent in 2016, which may have been among the indicators that supported Trump’s campaign-year argument that everything was going to hell and only he could fix it. During the first year of Trump, GDP growth grew to 2.4 percent, which is decent but not great and anyway, a reasonable person would acknowledge that — to the degree that economic performance is to the credit or blame of the president — the performance in the first year of a new president is a mixture of the old and new policies. In Trump’s second year, 2018, the GDP grew 2.9 percent, equaling Obama’s best year, and so far in 2019, the growth rate has fallen to 2.1 percent, a mediocre number and a decline for which Trump presumably accepts no responsibility and blames either Nancy Pelosi, Ilhan Omar or, if he can swing it, Barack Obama. I suppose it’s natural for a president to want to take credit for everything good that happens on his (or someday her) watch, but not the blame for anything bad. Trump is more blatant about this than most. If we judge by his bad but remarkably steady approval ratings (today, according to the average maintained by 538.com, it’s 41.9 approval/ 53.7 disapproval) the pretty-good economy is not winning him new supporters, nor is his constant exaggeration of his accomplishments costing him many old ones). I already offered it above, but the full Washington Post workup of these numbers, and commentary/explanation by economics correspondent Heather Long, are here. On a related matter, if you care about what used to be called fiscal conservatism, which is the belief that federal debt and deficit matter, here’s a New York Times analysis, based on Congressional Budget Office data, suggesting that the annual budget deficit (that’s the amount the government borrows every year reflecting that amount by which federal spending exceeds revenues) which fell steadily during the Obama years, from a peak of $1.4 trillion at the beginning of the Obama administration, to $585 billion in 2016 (Obama’s last year in office), will be back up to $960 billion this fiscal year, and back over $1 trillion in 2020. (Here’s the New York Times piece detailing those numbers.) Trump is currently floating various tax cuts for the rich and the poor that will presumably worsen those projections, if passed. As the Times piece reported: