140 Denied, applied for Appeal, case is back with INS- What's happening ..any idea?

K

kotara

Registered Users (C)
Hi, My 140 is denied based on company finances. (May-2004). Based on this I-485, EAD were denied.Lawyer filed for appeal to the director and it was transfered to Appeals unit (2-weeks back). I just got case update notification email today (Jul-13-2004) saying...

"On July 8, 2004, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received here for processing. It is taking between 30 and 60 days for us to process this kind of case. We will mail you a decision as soon as processing is complete."

I don't know what this means. Any idea? Do you think Appeals unit would have given favourable decision on my case. Somebody told me that appeals unit is going to take 1year or more to decide on this case.


Your reply is really appreciated.....Thanks
 
"received 'here' for processing"

In the above line, "here" means appeals unit. They are just informing you that appeals unit in Washington DC has received your case for further processing. (In normal I-140 status message, you don't see the word "here")

Don't wait for appeals unit decision. Try to have some backup plan. Most of the appeals unit decisions are denial only. If you are lucky, you may get your approval in 2005 or 2006.

naanshi.
 
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Hi Naanshi,
Thank you for reply message. This INS stuff is so complicated.
My H1 (6years) expires this December and another company is applying for my labor. I transfered my H1 to this new company and they are applying for my labor. This new company plans to apply for 7th year extension.

The new company lawyer is saying they can apply only 30days in advace before H1 gets expired. is that true?

As long as Appeals unit does not deny my 140 before I get extension ..I am thinking I will be ok.

Any ideas or suggestions or back up plans I can have?

Can I convert H1 to F1 after 6years? or do I need to leave?
 
C Blo..

kotara said:
Hi Naanshi,
Thank you for reply message. This INS stuff is so complicated.
My H1 (6years) expires this December and another company is applying for my labor. I transfered my H1 to this new company and they are applying for my labor. This new company plans to apply for 7th year extension.

The new company lawyer is saying they can apply only 30days in advace before H1 gets expired. is that true?

Not more than 180 day's

As long as Appeals unit does not deny my 140 before I get extension ..I am thinking I will be ok.
Already denied then No matter waht it is,

Any ideas or suggestions or back up plans I can have?
if your company applied LABOR 365days before there is no issue. other wise you have to get a lobor (substitute)which is applied before 365 day expiration ate of you H1b.

Can I convert H1 to F1 after 6years? or do I need to leave?
You can..No need to leave
Click to expand...

Can you post the Appleal filing details at http://boards.immigrationportal.com/showthread.php?t=133912
 
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Clarification request

BCIS, In relation to your answer to Kotara's questions could you please clarify a few things.

1) If 140 is denied and a MTR/appeal is filed, is one eligible for 7th year H1 extension? Is your EAD still valid while the case is in appeals? Can you renew your EAD while case is in appeals?

2) How difficult would the H1 to F1 conversion be after ones 140 is denied? By filing 140 you have already shown your immigrant intent. I think it will then be hard to get an F1 approval which requires a pure non-immigrant intent.

Any thoughts on these issues anyone?
 
backup plan

Nanshi,

My I140 was denied on company financials and we appealed MTR. Can I start another I140 process with the same company with a different approved labor. What you suggest?

Sai
 
SaiGC2004 said:
Nanshi,

My I140 was denied on company financials and we appealed MTR. Can I start another I140 process with the same company with a different approved labor. What you suggest?

Sai
Click to expand...

You can do that. But it is not a good idea. Earlier, your I-140 was denied due to the company financial. Even if you apply again with different approved labor, the same company has to pay you the salary. USCIS can very well deny the second case also stating that the company cannot pay you.

Second filing may work if your attorney sends some more evidence, which he missed to send to USCIS last time, to show that the company financial is good.(If he did that in the motion to reopen, you may get your approval without filing the second petition)

naanshi.
 
pamit73 said:
BCIS, In relation to your answer to Kotara's questions could you please clarify a few things.

1) If 140 is denied and a MTR/appeal is filed, is one eligible for 7th year H1 extension?
YES
Is your EAD still valid while the case is in appeals?
NO
Can you renew your EAD while case is in appeals?
appealed on deniel so NO way to renew

2) How difficult would the H1 to F1 conversion be after ones 140 is denied? By filing 140 you have already shown your immigrant intent. I think it will then be hard to get an F1 approval which requires a pure non-immigrant intent.

I'm NOTsure

Any thoughts on these issues anyone?
Click to expand...
 
If it is same company then is no use..again you will get denied with same issue.


SaiGC2004 said:
Nanshi,

My I140 was denied on company financials and we appealed MTR. Can I start another I140 process with the same company with a different approved labor. What you suggest?

Sai
Click to expand...
 
many got approvals

Nanshi/BCIS,

many others from the same (my) company got approvals with out any issue on company financials. I am the only one among them. Salary mentioned in my labor was little higher and now I am going to use is almost equals to others who got approvals.

Sai
 
Hi Sai

Hi Sai,

I agree with you. As long as you were being paid since the date on the pre approved labor was applied and the salary amout in the labor is less than or equal to what you were paid, you should be fine.

Thanks,
DWD123
 
Case to case is different. may be they are lucky guys...

Based on A# INS will pull you old case. Then INS come to know same company financial issue denail.

Only solution is Blo

if you go with another company's approved labor then you can't get any issue.


SaiGC2004 said:
Nanshi/BCIS,

many others from the same (my) company got approvals with out any issue on company financials. I am the only one among them. Salary mentioned in my labor was little higher and now I am going to use is almost equals to others who got approvals.

Sai
Click to expand...
 
It means, Your case is moved from INS to AAU,DC.

when did you appealed RD/ND? Please let me know.


kotara said:
Hi, My 140 is denied based on company finances. (May-2004). Based on this I-485, EAD were denied.Lawyer filed for appeal to the director and it was transfered to Appeals unit (2-weeks back). I just got case update notification email today (Jul-13-2004) saying...

"On July 8, 2004, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received here for processing. It is taking between 30 and 60 days for us to process this kind of case. We will mail you a decision as soon as processing is complete."

I don't know what this means. Any idea? Do you think Appeals unit would have given favourable decision on my case. Somebody told me that appeals unit is going to take 1year or more to decide on this case.


Your reply is really appreciated.....Thanks
Click to expand...
 
Koritala,

Please let me the case appealed RD/ND?


Thanks

kotara said:
Hi, My 140 is denied based on company finances. (May-2004). Based on this I-485, EAD were denied.Lawyer filed for appeal to the director and it was transfered to Appeals unit (2-weeks back). I just got case update notification email today (Jul-13-2004) saying...

"On July 8, 2004, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received here for processing. It is taking between 30 and 60 days for us to process this kind of case. We will mail you a decision as soon as processing is complete."

I don't know what this means. Any idea? Do you think Appeals unit would have given favourable decision on my case. Somebody told me that appeals unit is going to take 1year or more to decide on this case.


Your reply is really appreciated.....Thanks
Click to expand...
 
Hello Guys

I am also in the same boat as you guys. the details are as given below

LCA salary 60K
140/485 applied on October 29 2003
140 Denied on July 8th 2004 (company ability to pay)

The situation is my company faced minimul loss in 2002 of $2000 and my employer has shown current liability more than current assest in the tax returns for 2002. But the argument is always taxable returns are different than the company real profit and loss statements. we also have a credit line of $75K which was never used. the company always had +ve cash balance in 5 figures in the bank. we are producing these records with our Appeal/MTR..

my attorney did not send my w2 or any paystub with 140 application. i am currently getting paid $43K which is $17 less than LCA wage ($60K). we are a small company doing government contracting business. we showed profit in year 2003 and also have a promising good year 2004.

gurus please provide your feedback on what are the chances that the officer at VSC will reconsider my application and approve it. Is it possible if we remake the financials for 2002 and attest it from a CPA and send that one also along with MTR, would they consider it. will they consider the credit line the company has from the bank. we are also sending the credit line letter from bank along with MTR. also i am sending my w2 for 2002, 2003 and also all paystubs of 2004 to date. would that make any difference.

your advice and feedback will be highly appreciated. this is a very tough situation for me. pls advice gurus and provide your feedback on what else shall i do along with this. my attoryney is sheela murthy who is handling my gc application.

thanks
 
140 Denied

hi all,

Conc filing 140/485/765/ap
Mailing date 11-20-2003
Receipt date 28-11-2004
RFE on employers ability to pay 02-02-2004
RFe is responded on 04-15-2004
140 Denial date : 07-06-04

Reasons : 1. my 2003's salary is 41K < LC salary 67K. This is as per INS. Actually I joined this company on 04-01-04 @ 58,000 Per Annus. which is revised to $70,000 per annum on 06-06-2003. I am on vacation from 11-23-04 to 04-11-04. I went to India during this time.

2. My W-2s are submitted as per INS. Actually I have submitted my W-2s. I do not know why employer and attorneys did not submit. It is shock for me.
3. Company had a loss of $2k in 2002 and my company president had a salary of $17k in 2002.
I have the option to MTR/Appeal.
I am not sure what is the best for me to handle this scenario. It would be greatly appreciated for any help in this regard.
Thanks,
Sarwar
 
Sarwar and VickyUSA,
Sorry to hear about your denials. One quick question. After responding to your RFE, did you see any change in the last updated Date in your case, before the denial date?

Thakns,
naanshi.
 
Yes there are few updates in last update dates

Naanshi,
Yes, it did get update few times before the final denial notice came in paper. But INS web site still shows that they are working on it and which is not correct.
Sarwar
 
My company attitude

UnitedNations!

Thanks for your prompt response. My company did not give me any financial information so far. Even now they want to give all the financial information directly to attorney and not me.
I have a copy of denial notice based on which I furnished the above 3 reasons. I have spoken to Rajiv Khanna Law Assoc but my company is not cooperating to go thru Rajiv Khanna for motion to reconsider/appeal. My company wants a choose an attorney of it's choice and I will bear the expenses.

Thanks,
Sarwar

Conc filing 140/485/765/ap
Mailing date 11-20-2003
Receipt date 28-11-2004
RFE on employers ability to pay 02-02-2004
RFe is responded on 04-15-2004
140 Denial date : 07-06-04
 
Employer is talking to his own lawyer and CPA

UnitedNations,

My employer is of his own kind. He is talking to his own lawyer in Pittsburg, PA and not allowing me to talk to any lawyer. In fact, I have spoken to Rajiv Khanna alreary. My employer did not cooperate with Rajiv Khanna Law Assoc.

Thanks,
Sarwar
 
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