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?
2) Do you advise against filing premium?