Should I go for Premium- Your opinion

[kv_ajay]

I am about to file for I-140. My labor was filed on Apr 1, 2010 (Future based employment) and was approved Jun 29, 2010. We didn't have the modified tax returns for 2009 until this week, so we waited to file I-140. I do not know the content of tax returns file, but my lawyer thinks that the case can be approved. Only possible RFE she thinks which can be generated is about 2010 returns. Since my case is filed in 2010, USCIS will want to see 2010 returns from my employer. If we file premium then they will send a RFE with 30 to 87 days reply period. That will push my employer to have tax returns for 2010 ready in the first month of Jan,2011 which they will not do.
Q: 1) Do you think such RFE will be generated? - Particularly this is future based employment and company is not profitable in 2009 but has enough revenue as well as we are sending federal tax returns (certified by CPA) for 2009 and bank statements in 2010. Is there any other RFE on ability to pay can be generated ?

2) Do you advise against filing premium: My attorney is advising not to go for premium since if we are going for it, they will ask for 2010 returns with so short period to reply in 2011 that we can not get those tax returns.

What do you think guys ?

[amitjoey]

While it is always good to have the I140 Expedited and approved using the premium process, it all depends on individual case.
If you are not in EB1, you are dates are not going to be current in the next 6-8 months. So you have no advantage getting your I140 approved faster. The only caveat is if you were considering changing jobs or are generally insecure about your company not doing better in the future and your job.
Premium at this time, will not be an advantage, as it is, it is the end of the year and any RFE -especially financially related will not be cleared till you get your earnings and wage information W2 for 2010 and the company can show its ability to pay you which it probably can do comfortably in Jan 2011.
As far as I know, you can always start with a regular processing right now and then upgrade to premium if it is taking longer than usual.

This is my personal opinion. Use it at your own risk.

[kv_ajay]

My H1 is going to expire in 2011 Jan so I want to make the process faster. My PERM is from april so I can not get extension on 365 days of PERM waiting.

I am not working for company (It is future based employment). So there should be a question about my W-2.

Company just completed its 2009 tax returns after filing for tax extension twice. I do not think they will be ready in 2011 Jan with their ability to file tax returns again.