Our I-140was denied. The reason stated was that the company did not have the ability to pay the amount specified in the labor. Ours is a labor substitution case. They sent an RFE in the 140 stage and we sent the docs...but it was denied in the first week of dec saying that the company did not have the ability to pay the wages in the year the labor was applied namely 2001.
Currently the company is doing good..but somehow the 2001 financials seemed to play a key role in the decision. The notice says we can appeal if we want to.
My question is what are the chances of approval after an appeal. I believe it is sent back to the same case examiner who denied it. has anyone on the forum appealed and got a positive reply? How long do they take to make a decision after the appeal (tentatively).