140 denial and appeal

G

gcconfusion

Registered Users (C)
guys,

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).

thanks
 
I believe this is entirely up to the company's lawyer how he/she is going to reply the RFE convincing that company has totally recovered from bad financial phase and doing well.
Questions like

1) How many employees recruited/laid off in the financial year 2001? why can't company can not meet the profitable target?
2) How/why the financial condition is better now as compared 2001

needs to be handled efficiently with required financial statements. I think it could be worked out well if handled professionally. May be you should consult different lawyers in this regard for cross-verification. All the best

Magic
 
Message to Indian_in_USA

Indian_in_USA, read my reply 10 times and try to understand if you can. I have clearly stated what important questions company's lawyer has to handle to resolve that RFE. If you can't understand it shut the f*** up.
 
Indians_in_USA stop posting crappy criticism.
Noboby needs to see that, specially in response to well drafted replies.

Magician keep up the good work.

Rasmeek
 
thanks guys. The lawyer has sent a strong appeal letter highlighting the economic situation in 2001 and also showing the recovery from then. Hopefully something good comes out of it. I hope somebody in the same boat looks at this post and shares their experience.
 
gcconfusion,

What is status of your case? Approved if yes how many months it took?

Thanks,
m1234
 
GCConfusion

Did they accept your response to I140 denial? Please let us know when you get the case # (EAC#) for opening the file.

It is taking 6 months at AAO to look at EB2 motion to open filing.
 
No updates so far

There are no updates so far in my case since the appeal has been filed. I dont know if my case has been transferred to AAO or if its still at VSC. The online case status messages for both 140 and 290B have'nt changed . However, in between, we (me and my spouse) recieved our FP notices and got them done.

Coming to ur request, M101, there's already a thread 'I-140 cases at AAO' which has posts regd. 140 RFEs and denial cases. If this is what you wanted.

I will update this thread if anything changes in my case.

M101 and M1234, were your 140s also denied??
 
gcconfusion

My I140 also denied for not replying to RFE properly. INS officer told that it will take 2 to 9 months to decide on the case after appeal.

Hope you will hear good news soon.

m1234
 
Nobody understands how INS works but it is like there is no format it only depends on how the officer handling your case feels that day. My I-140 was received on 02/15/02 it took them 8 months to send a RFE for ability to pay, we responded immediately and we didn't hear from them, then my lawyer told me to send in I-485 when they received it, it was like the officer woke up in 2 days he denied my I-140 and returned the I-485 package in the same envelope with the denial. We appealed the decision and it took AAO 10 months ro respond. AAO accepted my appeal and instructed INS to prove my I-140. Guess what I have not had from INS since then it is now 4 months. I sent another package of !-485 it is now 2 weeks am just waiting for the officer handling my case to wake up again. I don't know with what decision this time. Hmmmm!!!! what is funny IRS was happy to receive my taxes to make America better.
 
ziri... you are right.

one needs to wake officers up with prompts. I hope your recent prompt wakes them up again with a positive result.

Could you please let us know about the documents you used to prove company's ability to pay (i.e overturning the denial decision).

thanks
 
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