old I-140, consular processing, RFE issues?


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Hello friends

I moved to Canada 10 years ago. The employer (that I had worked for in the US before moving ) had initiated my GC process, filed EB3  I-140 and sent it for consular processing 8 years ago. 

My priority date is current. Now, I got an invite from NVC to pay fee. 

The employer is worried that there might be an "ability to pay" issue with the original I-140. 

-What are the chances of getting an RFE for continued "ability to pay" in consular processing of EB immigrant visa at this stage?

-If the RFE happens for employer's "ability to pay" and the employer does not respond, what are the chances of the original I-140 being revoked and the priority date getting lost?

Thanks

Edited by chin2013
correctioin
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  • 3 weeks later...

Hi,

My query is also related to a old approved I-140 case. My employer had filed my GC in 2002, and my I-140 was approved in 2004. In 2009, my PD had become current, but I had to relocate to India that same year for long-term for family reasons, and I did not file for I-485, and nothing was done all these years. Now I'm in a position to travel back. I'm still working for the same employer. I’m currently in India and currently do not hold a valid US work permit.

I would like to know if I still have the opportunity to revive my immigration application basis the approved I-140 in 2004? Is it possible to initiate Consular Processing and what are the approx timelines for getting Immigration Visa? I checked my I-140 case status online (uscis.gov) and it still shows Approved Status.

Please advise me on options available to me. Thank you so much.

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