I-140 Denied due to Late Tax Return Records and BIA

[xde0037]

Hi All,
Thanks for a wonderful FAQ site!! In fact I got reference of this portal from yet another Immi. FAQ site!! Here is my situation which could be useful to others if they are approaching to such phase. My I-140 got denied after about 4 months of EB3 processing at VT center due to our inability to provide tax return records that they had asked after reviewing our petition. We failed to provide info on time (within deadline) due to IRS\'s delay in \'certifying\' all those documents. After 9/11, INS has restructured itself and it seems once a petition is denied you then have to go thru BIA(appeal bureau), get your petition reopened or reconsidered. We have just done this for now and are waiting for BIA\'s response. My attorney is not quite confident in positive response because BIA is too strict on missing deadlines!! Does anyone have any idea about such situation? I will highly appreciate any thoughts. It seems some Senators provide help on such issues, so is it ok to approach congressman for such an issue since the actual case is very straightforeward? Thanks in advance and please be aware of such situations, in short, keep as much info with you as you can about you, your company , your work and what not. You never know what INS would ask!!
CB.

 

[Kexin]

is it your own tax return or your company\'s tax return ?

 

 

[ytzhu]

I agree;

it takes too long for BIA if not impossible. It takes a lot less time to refile.

 

[xde0037]

No Title

Hi, It is Company\'s federal tax return. By the way BIA notice tells that they send reply in about 2-3 weeks\' time. This must be so because BIA should not take longer than actual i-140 processing unless it is the case like asylum or some complicated situation. In my case it is only the tax return which we never thought would be asked to be submitted with i-140 petition. BIA charges $110 for this \'re-opening\' or \'re-considering\' of your already almost approved i-140. And if case is simple enough they may not even ask for any further explanation about to why you failed to provide the tax return on time. Yet still, re-filing i-140 all over again is also not a bad idea. Thank you all for responses,