I-140 rfe Vry critical ,pls help with valuable suggestions!

[law quenchers]

my husband had a previous labour n 140 approved with PD mar 2005 in 2008 in EB3 category, n now hes in the 6th year of h1b got his 3yrs extension successfully using the 140  in oct 2013,n he wanted to port the date to EB2 but got multiple queries like:

 

 whether the position qualifies for the classification requested?

 

whether beneficiary is qualified for the position?

 

whether the employer has the ability to pay the wage offered to the beneficiary as of the PD date?

 

he had changed 3 companies till then

 

so how do we show evidence prior to mar 2005 ,he has got 41/2 yrs experience + bachelors ? and also experience letters from prior companies before mar 2005 in a particular format which they dont give today ,which happens to be in india?he had submited all co-worker affidavits last time.

 

please give us valid suggestion n advise as our dates r current in eb2 and our 140 is in premium processing,and we r afraid the dates r retrograding by dec n running out of time ....for 485-filing which can be applied ,once this gets cleared...

 

what r the chances of approval in this scenario n how long would it take.?what r the solutions or alternatives to take so that we can retain the old 140 incase of the worst n whats the guarantee that they wont cme up with these queries during the 485 filing time?please advise how to approach at this point of time....very worried ....

kindly do the needul ,Thanks!

 

 

[law quenchers]

Hi people,

 

Please could anybody go through the above query and respond with valuable suggestions and throw some light on the points that we need to be cautious and careful ,so that we can find a solution to handle this seemingly compicated issue on the i-140 query ,time is running out,anybody pls respond with any suggestions/solutions  pls....

[catx]

First, you cannot and do not retain an I-140 petition when you change employers.  You can only retain your priority date (PD).  A new employer must file an entirely new PERM Labor Certification application for their job and upon approval an entirely new I-140 petition based on the new PERM Labor Certification application.

 

If you require prompt, authoritative recommendations and answers you should consult with a qualified, experienced immigration attorney, especially with a complicated situation.

[law quenchers]

HI ,

 

Yes sir,we filed a new fresh perm labour in 2012 AND GOT APPROVED BY DEC2012 ,by the present employer, and Hv tried to port from EB3 -eb2 with the old pd mar 2005 AND HV APPLIED FOR new  i140 when this query came up  regarding :

 is beneficiary qualified for the position? n is he eligible for the classification requested? and whether the employer is able to pay for the position required as of the PD date?

they r asking to show evidence of bachelors + 5yrs experience prior to the labour date mar 2005 ,he has 4.6yrs of experience ,thats the reason he filed the labour in eb3 in 2008 with our first employer n now presently got a fresh labour in 2012 with the present employer n porting to eb2,so how shall he show the evidence ,we r confused or 24months of experience in alternate positions of s/w engineer or programmer analyst or test manager .,so my question  is

1. how do we show that in  a format they want specifically n elaborately title,roles n responsibilities,experience n dates ,address etc.. which they dnt give today,we hv all the original offer letters n experience letters not with elaborate roles n responsibilities ,so what can we submit other than that? he had submitted co -worker affidavits prior to the query

 

2.n also how do we go about qualifying him for the position n also eligible for the classification requested? 

pls throw sme light on what they mean or what they are looking for us to show ?we dont know its complicated or not but its quiet confusing and time is smething which we dont have besides this month only,so please seeking your advise to clear our head and come out with the solution.

Thanks for the previous reply and hope to hear from youas soon as possible for the above questions....Thanks!

[law quenchers]

 My I-140 got approved in 2008 with PD Mar 2005, EB3 category with company A

 in 2013 applied EB 3 to EB2 porting with company B, got RFE saying that

 

Please submit the evidence that beneficiary gained the required experience prior to PD (Mar 2005)

 

Please help me answering the above question, I don`t have 5yrs of experience prior to Mar 2005  that is the reason i applied in EB3 category in 2008.