I140 RFE -- Future employment application

[wantgc03]

Hi,

We applied my I140 in Premium processing for Future employment in Company B while I am working in Company A. We got an extensive RFE and I am not sure how to handle this. Anyone in similar scenario or if are aware of such a case, please provide your inputs/suggestions.

The RFE is in two parts.

1.USCIS records indicate that you have filed more than one I-140 Immigrant Petition for Alien Worker. Please submit list of all I-140

petitions you have filed with USCIS. The list should include the receipt number, priority date, name and date of birth of the beneficairy,

permanent job offered, preoffered wage, and, if applicable, the date of the beneficiary's adjustment of status to permanent resident.

While a petitioner may file multiple I-140 petitions, you must establish your ability to pay the total amount of the proffered wage for all

the beneficairies until they are granted lawful permanent residence in the United states. If relying on your wages paid to these

beneficiaries to establish your ability to pay, please submit copies of their W-2 wage statements for the years 2009 and 2010. If you are

unable to establish the ability to pay the proffered wage for all beneficiaries, you must identify which petition or petitions will be

supported by your ability to pay

2.Finally, it appears that your company provides computer consulting services. To establish that a bona fide offer of employment exists,

please submit a statement and supporting documentary evidence in the form of work orders and end client contracts that establish the

beneficiary's exact work location and current responsibilities

For 1, the employer is collecting all the data related to I140s filed so far.

For 2, we dont know what to answer as this is for a future employment, and the employer does not have a contract/work order from any client yet. Is there any way to respond to this? Or if we get a clients work order/contract now and I join company B will it help?

We have only a Month time given to respond to the RFE. Any Lawyers, Gurus, people in similar situations please post your suggestions/experiences.

Regards,

wantgc03

[siva008]

Originally posted by wantgc03:

Hi,

We applied my I140 in Premium processing for Future employment in Company B while I am working in Company A. We got an extensive RFE and I am not sure how to handle this. Anyone in similar scenario or if are aware of such a case, please provide your inputs/suggestions.

The RFE is in two parts.

1.USCIS records indicate that you have filed more than one I-140 Immigrant Petition for Alien Worker. Please submit list of all I-140

petitions you have filed with USCIS. The list should include the receipt number, priority date, name and date of birth of the beneficairy,

permanent job offered, preoffered wage, and, if applicable, the date of the beneficiary's adjustment of status to permanent resident.

While a petitioner may file multiple I-140 petitions, you must establish your ability to pay the total amount of the proffered wage for all

the beneficairies until they are granted lawful permanent residence in the United states. If relying on your wages paid to these

beneficiaries to establish your ability to pay, please submit copies of their W-2 wage statements for the years 2009 and 2010. If you are

unable to establish the ability to pay the proffered wage for all beneficiaries, you must identify which petition or petitions will be

supported by your ability to pay

2.Finally, it appears that your company provides computer consulting services. To establish that a bona fide offer of employment exists,

please submit a statement and supporting documentary evidence in the form of work orders and end client contracts that establish the

beneficiary's exact work location and current responsibilities

For 1, the employer is collecting all the data related to I140s filed so far.

For 2, we dont know what to answer as this is for a future employment, and the employer does not have a contract/work order from any client yet. Is there any way to respond to this? Or if we get a clients work order/contract now and I join company B will it help?

We have only a Month time given to respond to the RFE. Any Lawyers, Gurus, people in similar situations please post your suggestions/experiences.

Regards,

wantgc03

I got same RFE, can you please share your experience? how did your firm responese this RFE

Thanks

[Worker11]

Computer consulting folks is it you, when one has some IT appliance, DSL, software or installation issues and calls customer service for help, one gets your response on the other end of the phone? I hate you!!! You never give proper advise, speak with accents that one can barely understand a word and after all one looks for help on-line if doesn't have a chance to be transferred and talk with an American engineer... Most of you work for US companies and live outside the US. I would never give you any working visa in the USA.