Pls Help Re. Petition

Rep · Jan 13, 2006

Hi there! i just wanna ask something abt. my husband's petition. he was first petitioned by an agency in NY. the USCIS vermont asked for a RFE from that agency. the agency wants my husband to sign again another ETA form because i think they are going to re-file it again. which means were back to square one. my husband asked permission from his agency in NY to just let him go and they did just that but they said he had to pay whatever they spent for him(filing fees etc>). now we found another agency. this time they will file his petition in texas service center. my question is, will his first petition in NY will affect in any way his second petition in texas by another employer? any input will be highly appreciated. thanks!

In the I-140 form, there is a question similar to this, " Have you ever been petition before?" Just answer this truthfully and you won't encounter any problem.

Good luck.

nurseMargo · Jan 13, 2006

I suggest you read Suzanne's sticky about agencies and contracts!!!

Qatrn · Jan 15, 2006

Hi there! i just wanna ask something abt. my husband's petition. he was first petitioned by an agency in NY. the USCIS vermont asked for a RFE from that agency. the agency wants my husband to sign again another ETA form because i think they are going to re-file it again. which means were back to square one. my husband asked permission from his agency in NY to just let him go and they did just that but they said he had to pay whatever they spent for him(filing fees etc>). now we found another agency. this time they will file his petition in texas service center. my question is, will his first petition in NY will affect in any way his second petition in texas by another employer? any input will be highly appreciated. thanks!

I have almost the same problem. But in my case, i know that my petition was denied due to the technical reason my gency doesn't want to reveal to me.

I asked them that i am withdrawing my application and they warn me that they will suit me. They told me that they will refile my application but it's been 3 months now and no word from them even after sending them several emails.

I found an agency who is willing to sponsor me and they just asked me if i pay all the exams i had, i said yes. My previous agency did not spend a single cent to any of my papers except the filing fee and related expenses for the denied petition.

Well, I don't know if my new petition will be denied and my ex agency will file a complaint to the USCIS but one thing I am sure, If this is not meant for me, so be it. Anyway, I have a good and stable job and will just wait for the right time to be in the US.

We all know that there are so many unscrupulous agencies around and we have many warnings but my only question is, how does the governement of US let thses people cheat us? Is there any government agency where we can file a complaint especially if you are outside US?

suzanne4, RN · Jan 15, 2006

Sorry, but you can file a countersuit with that agency if need be. They did not live up to what they had promised you, so technicaly they need to pay you for wasting your time.

Please send me their name by pm, so not post it here. I want to make sure that no one else uses them. :angryfire

I woud go ahead and sign with the new agency, and then send a letter to the US Embassy about your issues with the first company. They can actually do something about it.:) Threatening is not the way to do business. The visa fee is only $750 US, and I doubt that they even got that far. Attorneys fees are only about $2000 for everything to be done, and you were no where near there. So, do not let them care you.

still_cool · Jan 16, 2006

Hi there! i just wanna ask something abt. my husband's petition. he was first petitioned by an agency in NY. the USCIS vermont asked for a RFE from that agency. the agency wants my husband to sign again another ETA form because i think they are going to re-file it again. which means were back to square one. my husband asked permission from his agency in NY to just let him go and they did just that but they said he had to pay whatever they spent for him(filing fees etc>). now we found another agency. this time they will file his petition in texas service center. my question is, will his first petition in NY will affect in any way his second petition in texas by another employer? any input will be highly appreciated. thanks!

I think no one has answered your question quite satisfying. RFE’s are Request For Evidence issued by the USCIS when a case would be adjudicated. RFE’s are request for additional information which most often are financial in nature. Generally when USCIS issues an RFE they are requesting for financial documents or tax information of the employer. The reason behind this is that the employer must be able to prove that they can provide the salary specified by law to the one being petitioned.

Problems usually arise when the petitioner/employer will not be able to prove that they can give the specified salary. In your case, I assume that’s what happened. For example Agency X petitioned 100 nurses at the SAME TIME. USCIS reviews the records submitted and they think that Agency X can only pay 50 nurses with their present income. USCIS issues an RFE, Agency X (based on their computation by the net income test as specified in the guidelines of USCIS --- an employer must be able to prove that the net income is greater than all the combined salaries of all the nurses that was petitioned at a particular time) fearing that they cannot give the tax documents/ financial info needed to prove they can give the stated salary required by law would withdraw the petition of the 50 nurses RATHER BE DENIED ALL 100. You are a sacrificial lamb on this matter. They want to refile your husband’s application on a different date so that when the adjudication comes, the first 50 nurses would have already been approved by the USCIS. A technical loophole in immigration law so to speak.

Now when USCIS issues an RFE you have EXACTLY 84 DAYS (I am 100% sure) to respond. Failure to do so Pursuant to the U.S. Law stated in Title 8 of the Code of Federal Regulations 103.2(b)(11) will be considered abandoned and thus DENIED.

I assume that your agency is expecting your application to be denied and file a new one on a later date once they got approval from the first batch.

On the issues of a second petition…

If your agency will file a new ETA750 that is a second petition…if your new found agency will file a new petition on your husband’s behalf that is also a second petition if you leave your first agency. So what are the differences and the risks?

Actually I see no problem on this matter. Problem arises when there are TWO approved petitions… in your case your first petition was abandoned and denied.

Now with your first agency I am sure they will bug you, that is the risk I see. I hope you did not submit any ORIGINAL DOCUMENTS.

cool as ice

gracie08 · Jan 16, 2006

In the I-140 form, there is a question similar to this, " Have you ever been petition before?" Just answer this truthfully and you won't encounter any problem.
Good luck.

thanks Rep for the reply. i just hope and pray that everything goes well with our petition. god bless!

gracie08 · Jan 16, 2006

I think no one has answered your question quite satisfying. RFE's are Request For Evidence issued by the USCIS when a case would be adjudicated. RFE's are request for additional information which most often are financial in nature. Generally when USCIS issues an RFE they are requesting for financial documents or tax information of the employer. The reason behind this is that the employer must be able to prove that they can provide the salary specified by law to the one being petitioned.
Problems usually arise when the petitioner/employer will not be able to prove that they can give the specified salary. In your case, I assume that's what happened. For example Agency X petitioned 100 nurses at the SAME TIME. USCIS reviews the records submitted and they think that Agency X can only pay 50 nurses with their present income. USCIS issues an RFE, Agency X (based on their computation by the net income test as specified in the guidelines of USCIS --- an employer must be able to prove that the net income is greater than all the combined salaries of all the nurses that was petitioned at a particular time) fearing that they cannot give the tax documents/ financial info needed to prove they can give the stated salary required by law would withdraw the petition of the 50 nurses RATHER BE DENIED ALL 100. You are a sacrificial lamb on this matter. They want to refile your husband's application on a different date so that when the adjudication comes, the first 50 nurses would have already been approved by the USCIS. A technical loophole in immigration law so to speak.
Now when USCIS issues an RFE you have EXACTLY 84 DAYS (I am 100% sure) to respond. Failure to do so Pursuant to the U.S. Law stated in Title 8 of the Code of Federal Regulations 103.2(b)(11) will be considered abandoned and thus DENIED.
I assume that your agency is expecting your application to be denied and file a new one on a later date once they got approval from the first batch.
On the issues of a second petition...
If your agency will file a new ETA750 that is a second petition...if your new found agency will file a new petition on your husband's behalf that is also a second petition if you leave your first agency. So what are the differences and the risks?
Actually I see no problem on this matter. Problem arises when there are TWO approved petitions... in your case your first petition was abandoned and denied.
Now with your first agency I am sure they will bug you, that is the risk I see. I hope you did not submit any ORIGINAL DOCUMENTS.
cool as ice

hi there! thanks for explaining everything.you seem to know a lot about our situation. my husband did not submit any original documents,thank god. just one more question, will my husband's first petitioner be able to file again the I-140 without the signed ETA form? bec they sent us before a set of eta forms for my husbands signature,but we did not send it back to them. thanks and hope to hear from you. god bless!

still_cool · Jan 16, 2006

hi there! thanks for explaining everything.you seem to know a lot about our situation. my husband did not submit any original documents,thank god. just one more question, will my husband's first petitioner be able to file again the I-140 without the signed ETA form? bec they sent us before a set of eta forms for my husbands signature,but we did not send it back to them. thanks and hope to hear from you. god bless!

yes and NO. if they had the previous forms and copies of ur husband's cg or nclex certificates they can file it but if they are asking you to sign another eta and you did not give them that means they cannot do it. do you have a contract with them?

still_cool

gracie08 · Jan 16, 2006

yes and NO. if they had the previous forms and copies of ur husband's cg or nclex certificates they can file it but if they are asking you to sign another eta and you did not give them that means they cannot do it. do you have a contract with them?
still_cool

yes, my husband signed a contract with them but it says in the contract that it will commence from the time that the nurse will work in the states. so i guess, it's not yet started. another question, how many eta forms are required for filing the I-140? the first time our first petitioner filed for my husband, they let him sign 2 eta forms. with his new agency right now, they let him sign 2 eta forms also. is it really two forms? thanks!