I140 pending @TSC morethan 8months

[nihal0507]

Hi Experts and Murthy Attorneys,

My I140 filed at TSC /EB2/Regular on 01/16/2011 and till now I did not got any updates from USCIC.when I checked with my Attorney/Employer about going for PP ,they are telling if we go for PP sue of getting RFE.

Can you plz suggest .should I wait for USCIC decision ?

[Attorney_19]

Premium processing generally does not affect one's probability of getting an RFE. Premium processing merely gets the USCIS to move faster on one's case. If one's I-140 petition has problems (e.g. lack of employer ability to pay; employee lacking the required education or experience) then the case will get an RFE, whether one does premium processing or not. The RFE does not come because of premium processing, but rather because of a particular issue with the case filing itself.

Sometimes, if one is aware of potential issues with a case, one may choose regular processing based on a specific strategy. One may at times wish to delay (or not rush adjudication of a case) so that one can explore of pursue other options, or a back-up plan.

[nihal0507]

Hi Attorney 19

Thanks for the details.My employer is not willing to go for PP because recently from the same company one other I140 rejected on basis of ability to pay.will the same will be applicable for me also ?while approving my I140 will this efeeects me also ?