Sick of I-140 denials !!!

L

lohith

Registered Users (C)
USCIS is finding every reason to reject I-140 now a days.
First, USCIS digs into alien's academic qualifications, next Employer's financials and alien's W2 if the company has less than 100 employees.

My I-140 denied even the employer sent CPA financial statement to support 'ability to pay'.

USCIS officers got specific instructions that to deny the I-140 as long as officer can find some reason.

"The USCIS appears to dig into the I-485 supporting documentation and develop issues of I-140 denial from these evidence such as incime tax returns, W-2 copies, etc., which can be used to challenge employer's finanacial ability to pay or existence of bonafide permanent job or bonifide business or legitimate nature of job opening as related to the familial relationship between the employer and the alien, etc. When I-140 petition was filed separately, these evidence was not available to the adjuditors of I-140 petitions. "
________
VIDEO REVIEWS
 
Last edited by a moderator:
Any advice to get out of this agonizing loop?

unitednations said:
Can you give some details as to what you sent and why it was denied. It could help many people.
Click to expand...

RFE#1: Proof of 'ability to pay'. Lawyer sent with company financials/tax records which were showing liabilities and my Tax returns/W2. (for that Y2002, I worked GC company partially 4-6 months). My LC salary was $90k.

USCIS denied the RFE by saying 'Inadequate financial resources'. After that Attorney woke up and sent 'convincing letter' to AAO, but AAO couldn't convinced. Then, attorney said it was a unfortunate, and re-filed (ND.6/3/04) with latest pay stubs(showing LC's salary) and Y2003 tax returns(revenues of $1m and profit of ~20k).

Kinda worried whether this convince USCIS or not. Thinking of sending pay-stubs to USCIS for every couple of months to prevent RFE for W2/ Tax records again when my case become current like in 02/2005.

Any advice to get out of this agonizing loop??? What do you say company is bad or Attorney?
Thanks
________
Medical cannabis
 
Last edited by a moderator:
Yeah., here the problem comes mainly from my employer who doesn't keep company's financial records properly and takes months to provide any finanicial/tax related stuff to attorney.
________
Emilia
 
Last edited by a moderator:
Would this be a problem for my I 140 Petition ??

I just saw from my H1B petition filed by my company last year.

It says No of ppl workin: 50
Gross Annual Income: 4.8 million (lol)
Net Annual Income: 2,08,000

Do you think this would go through, or else will they even dig into my W2's n paystubs

From what i gather, if the company records are good, then they dont look at W2's n stuff. but they would if the company records are bad.

Someone please let me know, i might be wrong, as this is what im thinkin. o well !!

Vish
 
Vish1348,

Although your companies finainces look good, let me remind you that these days they send an RFE for ability to pay for almost all cases where number of employess is less than 100. So you may most probably get an RFE too. But if the company can satisfactorily reply to the RFE and show the ability to pay, then there is all probabilty of approval.
 
Will I 40 BE approved?

I filed my I 140 . I got a RFE and they again asked to send the W2's of 2002 and 2003. My W2 for both year is MUCH less then labour salary stated.

My company's revenue for 2002 and 2003 was appx. 7.5 Million $ each year. Both year it was in Deloitte Technology Fast 500 company(fastest growing). They have 300 employees.

Now does it mean that I am safe from my I 140 being rejected for ability to pay?

Thanks
 
mohitsharma,
USCIS basicly looks for 'pro-rated' W2 to make sure that employer paid proferred wages. If you worked full-time during 2002/2003 to your I-140 sponsor and W2 less than 'proferred wages of LC', then you are in trouble.
Actually, look in to our guru's (unitednations) posting for more insight.
________
Motorcycle tires
 
Last edited by a moderator:
What abt. labor substitute....

UnitedNations,

If I joined a company last year and I am using a labor that was filed 3 years back, will USCIS ask for my last year's W2 even though I was not their employee most of the last year and my current salary is more than whatis mentioned in the labor ??

How des the substitute labor case for Ability to Pay RFE handled anyway ?

will_get_there
 
140 and past pay

Hi unitednations

Have you ever heard of any issues for 140 because the wages of the beneficiary (for the last two years before 140 was applied) are much more than the advertised wages in LC (because of payment by hourly basis, huge overtime and bonus)? What is the range of W2 income allowed on highside?

TIA.
 
sertra2002 said:
Vish1348,

Although your companies finainces look good, let me remind you that these days they send an RFE for ability to pay for almost all cases where number of employess is less than 100. So you may most probably get an RFE too. But if the company can satisfactorily reply to the RFE and show the ability to pay, then there is all probabilty of approval.
Click to expand...

There is no hard rule. My company has only 20 consultnats(Small consulting company) with 1.5 M Turnover with 100 - 150 K profits. I got recently my 140 without RFE. On top of this, my case is future employment. I did not submit any W2s.

This is good news to all from Small consulting companies.

Sree
 
Motion to Reopen

HEllo

My attorney is preparing a case for a motion to reopen my I-140. It was denied due to company's inability to pay, which is incorect as rght ow the company is paying me more than what is the proferred wage.

I have some questions with regards ot this:

1. Does the Adjudicator now look at new evidence. My company had submitted certified tax returns which were done on Cash basis and not on Accrual basis. So would the adjudicator now accept "review compilation" which clearly shows the company assets beng more than the proferred wage

2. Can somebody please tell me about some writeup that I can use to convince the adjudicator?

3. Does the EAD/Ap remain Valid while the motion to reconsider decision is pending?

4. What is the time frame for a decision on the motion to reconsider?

5.Should I apply for a new 140/485 concurrent filing?

6. Should I apply for a new labor?


Thanks
Ricky
 
Appeal rejected

My I-140 got denied in may 2004 and my lawyer sent in the appeal 5 days before the stipulated 33 days time, but sent the wrong check. The application came back saying that check is addressed wrongly and please sent the check addressed to USCIS. My lawyer sent the appeal, along with the new check the very next day and we also received the EAC number and all. But today my lawyer received just a letter(not the whole package) saying that the application was not filed within the stipulated time. My lawyer is going to write another letter saying that we did send the appeal in time but sent in the wrong check along with the appeal.
Somebody please let me know if my appeal will be accepted or not.
Thanks in advance
 
some one sent a email, but can't reply back :confused: :rolleyes:
--------------------------------------------
I'm in big trouble. Need your some advice.

I140/485 EB2(advanced) w/ LC, RD 7/25/03, RFE 02-20-04, Denied today (job description of LC is a Bach. degree, not Master)

Is there a way to resolve this situation if I appeal, or just file again with EB3?
------------------------------------------------------------------------

As far as I guess, since LC is intended for EB3, you can't file in EB2 even you are over qualified !!
________
MEDICAL MARIJUANA
 
Last edited by a moderator:
Is this EB2 or EB3 Requirment ..to file in NSC

Education: Master of Computer Science or Engg. or Equivalent or Bachelor of Science in Computer science or enng. or equivalent with 2 years experience
Languages/Tools: Rational Rose, UML, IBM Websphere, IBM HTTP Server, Java, C++, Visual Age for Java, OOAD, ORACLE
Salary Range: $58,000 - $60,000
 
Well, for EB2 -> it should be (Master's + 2 years Exp) OR (Bachelor's + 5 exp)
your's requirement doesn't fit into EB2 well, So, it should be EB3.
------
That's my opinion.
________
Coach Handbags
 
Last edited by a moderator:
Dear shriyaz,

Can you please explain the difference between "the motion to reopen" and "appeal"? Which one is necessary if a petition is denied?
 
Last edited by a moderator:
Dear unitednations,

Thank you so much for your kind explanation.
How should a Form I290B be written differently for "motion to reopen" and "appeal"? It looks like "appeal" requires also same this form.

My attorney missed the option to switch eb2 to eb3 from RFE and that's why it was denied. Would you please give some details how to make I290B for "reopen"? Normally how long will it take to know their decision after send I290B?

I can't trust my attorney anymore. My bad luck is this is 2nd time I140 denial so far :mad: :mad:

One more reply please !



unitednations said:
If you don't mind, I'll answer this; motion to reopen and appeal are two different things. However, most people file a motion to reopen and in the alternative appeal. The proper form to file is i290b. essentially what happens is when you do this the application goes back to the same adjudicator for motion to reopen. The adjudicator can approve it or they have two months to send to the appeals office if the adjudicator doesn't approve it.

You want to file 290b and ask for motion to reopen and in the alternative appeal.
Click to expand...
 
Last edited by a moderator:
I emailed you. Many Thanks !!

unitednations said:
send an e-mail to me at nyousaf@ureach.com

I'll e-mail you an example. This portal doesn't accept that type of file attachment.

Also, you might want to consider just re-filing 140 at the same time (I would give it a month after you reply to motion to reopen/appeal and switch it to eb-3.)

Did RFE give you a chance to switch to eb3?
Click to expand...
 
You must log in or register to reply here.
Top