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Premium processing of 140 Specific to premium processing only.

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  #1 (permalink)  
Old 01-09-2007, 12:54 PM
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Default I140 premuim processing

Hi,
I have already applied for a I140 , basically switching another labor, I want to do premium processing to get 3 year H1B extension, my lawyer says it is not possible to premium process the I140 application if you are swaping labor.

Now is it true? or is it onlt true because i have already applied for I140.

Thanks
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  #2 (permalink)  
Old 01-09-2007, 01:06 PM
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Quote:
Originally Posted by peer123
Hi,
I have already applied for a I140 , basically switching another labor, I want to do premium processing to get 3 year H1B extension, my lawyer says it is not possible to premium process the I140 application if you are swaping labor.

Now is it true? or is it onlt true because i have already applied for I140.

Thanks

Your lawyer is right! According to the USCIS you cannot file premium if any of the following conditions exists with your application:

-- a second I-140 filing, if an initial I-140 remains pending

-- a labor certification substitution request

-- a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)
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  #3 (permalink)  
Old 01-09-2007, 01:26 PM
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Quote:
Originally Posted by fromnaija
Your lawyer is right! According to the USCIS you cannot file premium if any of the following conditions exists with your application:

-- a second I-140 filing, if an initial I-140 remains pending

-- a labor certification substitution request

-- a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)

So If I have already approved I140 and now I am trying to substitue to a new one can I do premium processing.
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  #4 (permalink)  
Old 01-09-2007, 01:35 PM
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Default Can I do premium processing for I-140?

Hi,
I am planning to apply for I-140 premium processing. This is my second I-140.
But the earlier one was with my new company and I already got it.
The one I am trying now is with my previous company. Both the labors are on my name only, no substitution. So, can I apply premium processing?
Please suggest.
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  #5 (permalink)  
Old 01-09-2007, 02:11 PM
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Quote:
Originally Posted by peer123
So If I have already approved I140 and now I am trying to substitue to a new one can I do premium processing.
In that case, you are not substituting but filing a new 140. So, yes you can premium file. The only thing you are doing with the second 140 is porting the priority date of the first one and as long as that first one is approved and not pending you should be able to file premium.
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  #6 (permalink)  
Old 01-09-2007, 05:47 PM
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Quote:
Originally Posted by fromnaija
Your lawyer is right! According to the USCIS you cannot file premium if any of the following conditions exists with your application:

-- a second I-140 filing, if an initial I-140 remains pending

-- a labor certification substitution request

-- a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)

Hi...

Can you make it more clear...I have a 140 filed pending at NSC since Oct 2006 with the current employer..I want to file a second 140 in premium processing for the labor filed by my ex-employer. So this will be my 2nd 140 with NSC..

I want to make clear and sure that 'should the employer who is filing the 140 should NOT have a 140 in process already and we r trying to file another 140 in premium processing thru the same employer' that is what the message I have understood..even the attorneys r not clear and are giving mixed responses...

My thinking is that the INS/Service Centre has to decide on the earlier 140 filed by that company before he decides the premium processing 140 case

This whole damn life is so confusing and confusing and no words for this shit...

Please post your experiences

Last edited by file485; 01-09-2007 at 05:49 PM.
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  #7 (permalink)  
Old 01-10-2007, 10:39 AM
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guys...

please comment on this premium processing for the 2nd 140 when 1st one is pending...

As much as I think 140 stage is all checking for company records and ability to pay and not on the employee..
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  #8 (permalink)  
Old 01-11-2007, 06:18 AM
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Default Non premium

Quote:
Originally Posted by file485
guys...

please comment on this premium processing for the 2nd 140 when 1st one is pending...

As much as I think 140 stage is all checking for company records and ability to pay and not on the employee..
Does anyone know how long I-140 non premium takes? Mine was filed in November 2006. I am worried because my H-1B expires in Jan 31 and I want to renew it for 3 years.
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  #9 (permalink)  
Old 01-11-2007, 11:07 AM
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Quote:
Originally Posted by refugee
I-140 processing date for NSC is May 15 and TSC is June 15th. I guess you need to wait for atleast a month.


If your employer pays for your GC and H1B transfer then go ahead and file for 1 year H1B extension.

If you are going to pay for your H1B extension and you are affected by retrogression, then upgrade your I-140 to PP and get it approved within 2 weeks and then file for 3 year H1B extension.
Thanks refugee for the response.
So, a non premium I-140 application can be moved to Premium Processing? While I am with the same employer?

Sorry if I sound painful, but this is something very critical to me. I am trying to get an I-140 processed in the hope that if Immigration Voice core team succeeds in getting a bill through to open the doors to I-485 filing prior to visa availalbity, I can take advantage of that.
H-1B extensions etc are taken care of by my employer. So I am not too worried about that. I am most concerned about my wife, to be able to restart her career.
This forum has been more useful and informative than any of my friends or attorneys etc.

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I-485 ? (but hopeful)
Contribution so far -$100
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  #10 (permalink)  
Old 01-11-2007, 11:33 AM
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Quote:
Originally Posted by file485
Hi...

Can you make it more clear...I have a 140 filed pending at NSC since Oct 2006 with the current employer..I want to file a second 140 in premium processing for the labor filed by my ex-employer. So this will be my 2nd 140 with NSC..

I want to make clear and sure that 'should the employer who is filing the 140 should NOT have a 140 in process already and we r trying to file another 140 in premium processing thru the same employer' that is what the message I have understood..even the attorneys r not clear and are giving mixed responses...

My thinking is that the INS/Service Centre has to decide on the earlier 140 filed by that company before he decides the premium processing 140 case

This whole damn life is so confusing and confusing and no words for this shit...

Please post your experiences
As far as I know, one cannot file a premium I140 while another I-140 is pending for the same individual....
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  #11 (permalink)  
Old 01-16-2007, 06:45 PM
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My company's lawyer is saying that upgrading the I-140 application to premium processing might result in an inquiry. So they are hesitant to do it. Can people share information on how long their I-140s have taken to process the non-premium ones?

Thanks.

Quote:
Originally Posted by refugee
I-140 processing date for NSC is May 15 and TSC is June 15th. I guess you need to wait for atleast a month.


If your employer pays for your GC and H1B transfer then go ahead and file for 1 year H1B extension.

If you are going to pay for your H1B extension and you are affected by retrogression, then upgrade your I-140 to PP and get it approved within 2 weeks and then file for 3 year H1B extension.
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  #12 (permalink)  
Old 01-16-2007, 07:58 PM
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Quote:
Originally Posted by optimist578
My company's lawyer is saying that upgrading the I-140 application to premium processing might result in an inquiry. So they are hesitant to do it. Can people share information on how long their I-140s have taken to process the non-premium ones?

Thanks.

My company's lawyer also told me the same thing that applying I-140 application through premium processing might result in an inquiry(RFE). Is this a generalised statement(myth) or it is a fact?
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  #13 (permalink)  
Old 01-16-2007, 08:38 PM
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Quote:
Originally Posted by canleo98
My company's lawyer also told me the same thing that applying I-140 application through premium processing might result in an inquiry(RFE). Is this a generalised statement(myth) or it is a fact?
My lawyer also stated the same thing. They suggest me to apply trough the regular instead of premium. Can someone who apply I-140 trough premium processing recently give us an update as how their current case doing ?
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  #14 (permalink)  
Old 01-17-2007, 01:21 AM
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Default my lawyer told me same

Guys

My lawyer told me the same that upgrading it to premium processing may result in RFE. I filed in septmember 2006 so I guess I have to wait another 3 more months at least.
My brother in law got it approved in 3 days in premium processing. He works for one of the big retailers as a pharmacist.
If your company is big enough I guess you can upgrade for premium processing..good luck with that.
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  #15 (permalink)  
Old 01-17-2007, 10:48 AM
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Hi guys:
I do not get it. I guess all of you believe in myths. Why would an upgrade to premium cause a RFE? It does not make any sense. Try to think logically; if one's I -140 is pending and it is a good, clear case with all the supportive documentation in place, can one give me a good reason for the USCIS to issue a RFE when upgraded to premium? I do not think there would be a reason. USCIS will happily cash your $1000 check and process the application faster. If you want to say, "ooohh..USCIS will wonder why I want to upgrade to premium..." is not valid as USCIS does not and should not care why you want to expediate. I have heard many companies are resistant to premium because of the extra cost and yet another form to be filed. Usually, when one says he/she would pay for premium there would be no problems.
Premium I-140s have carry the same procedure for processing as the regular cases, so if one shall get a RFE in regular, he/she will most likely receive a RFE in premium and vice versa.
Please guys, think logically and do not believe in EVERYTHING people say. Use common sense and you will come to the right answer (hopefully).

Regards,
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