140/485 denied

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nitinkumar

Registered Users (C)
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Here is my case

CSC EB1 (muli. exe)
RD 140/485 Aug. 29 2003 for me and total 4 dependant.

FP1 15 april 2004
I 140 rfe august 2004
Ref. received on 18 NOv. 2004
now in 2005 they approved all family EAD on 3 feb 2005
and on 21 march 2005 they approved Advance parole
AND also they send Biometric for all family on that date and request to do on
31 march 2005. We did on 26 March 2005 LUD change on 28/29 and after one week I saw LUD on 5 April 2005 on I 140 and 485 for all I called Eme # and they inform that our 485 and 140 denied.
I will received tomorrow the denial letter.
I know INS screwed up small company if you have less employees.
My question is if they want to deniy why they wait for this long period?
Why they approved AP and EAD and also send 2nd Fp.
I have valid L1a up to Oct 2005 and it can be extend up to 2 more year,so I have 3.5 year to finish this.Wife can work on EAD (L1a spouse),
20 employees in India doing very well and in US company from 2001 grow 40% rate. Net Income and gross income is very very good.
Salary from transfer india as of today $80,000 , No metter of ability to pay.
Company has 1 million Net asset ( inventory,fur.cash...).
from 1986 to 2005 Indian company never in loss.
US company also from 2001 to up to today never in loss.
When I submit application we have 3 employee and letter as of today we have 7 employees.
I know INS will say on daye of filing you have.....employees, but why they didn't denied my application in 2004 insted of sending RFE.and after received RFE why they tortcher our family for 5 months.Why give us hope by approving
EAD and AP. The worst thing is they approve AP and send Biometric and same day LUD change for EAD and 485( we respond your req.on 18 march...)
So many expert here give some advise.
I can refile 140 but last time they put me in custody for 2 year.
My wife is on L2 and she has EAD based on 485 is invalid now. How can I change EAD from this category to L2 based EAD

I belive that lawyer not represent very well but I and my family have to face.
Please givre some coment.
 
Sorry to hear that your application got rejected..Is it NIOD (Notice of Intent to deny) or DENIAL ?. if it's NOID.. then You can check with your lawyer to File for MTR (Motion to Re-Open)..
All the best, hope things will work out for you.
 
Dear nitin

I'm really sorry all these happened to you. It can be very frustrating
after such a long wait. You have every reason to be mad or emotional.

I think you need to analyze the reason they mentioned for
the denial and go for an appeal. Dont give up yet. There are
still ways to work this out. You can file a MOTION. I would
approach a good attorney like Rajiv to handle this situation.

As far as I know couple of my friend are approved from a company
of 6-7 employees and the company is making slightly over a million.

My understanding is that EB1 is for outstanding researchers or
extra ordinary ablilities. Many of the people I know are PhDs. Do you
qualify for this? If not they may deny it.

EADs and Parole's approved doesn't guarentee your 485 or 140 will be
approved. They are additional benefits you get once you file 485.

I would definitely consult with a good attorney.
Good luck to you
babu.
 
Sorry to hear about your denial. As U may aware, I am also in same boat so don't know. MTR is good option. Any way best luck. Keep putting your update
 
eb1 is always difficult.

eb1 is always difficult....I tried too... It took me 3-4 months to collect all documents and recommendation letters. But I couldn't get a good one from outside the US. ( I almost got lucky when a prof in Hong-Kong Univ almost agreed... but then he suddenly stopped responding to my e-mails.. I herad that his son died of SARS ... and he left the country soon after.. have never been able to get a reply from him since then.... :-( ). My lawyers finally canned the idea and decided to go with substituted EB3 labor.
From my personal experience I can say that EB1 is a very hard category ... good that you tried... but don't be dis-heartened by setbacks, file appeals as others suggest... and of course be on the lookout for substituted labor.. remember if you are good enough to almost qualify for EB1... then you are valuable for your company.. and most companies want to,keep their good employess...

-Good luck.
 
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