140 denied - please read

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sunnyap

Registered Users (C)
Hi,
My 140 was denied due to the fact that the LC wage was more that what is on my W2.
Has anyone gone through this and if so could you please tell me what you did?
Thanks in advance
sunnyap
 
i-140 RFE

sunnyap said:
Hi,
My 140 was denied due to the fact that the LC wage was more that what is on my W2.
Has anyone gone through this and if so could you please tell me what you did?
Thanks in advance
sunnyap
Click to expand...

Can you give more details on your case, and the best person is UNITEDNATIONS, he helped lot of people in replying the queries or denials.
 
Since GC is for future job, all that was needed was a letter from employer that they will pay you the LC wages on GC approval. In the absence of such a letter, USCIS assumes that your current wage is the GC wage and decide based on that.

A guy with login name - Unitednations seems to be expert in this area. H eis mostly posting in VSC 140 forum. Post there are see what he says.

Best of Luck.
 
Thank you for the replies

I'll look into the thread and post if I have any more questions or if I hear anything else from the lawyer.
 
Hi unitednations,

Thanks for the thread. Just read it. Based on what the lawyer sent me, my case has been denied due to the following clause in your thread:

"If your company has a number of people going for greencard, uscis will add all deficiencies in proferred wage for the group and compare it to net income and/or current assets-current liabilities."

The total amount that USCIS calculated for paying al the employees was about 180K while my company's profits were in the rangeof 70-130K. They are now planning to show a positive taz return with more than 300K for 2004 and with my W2 changed to show the LC wage. Do you think this is the best option? Is there anything else you suggest?
Also, if they withdraw any of the 140s applied along with mine, will that help my case?
The clause on which my 140 was denied is 8C.F.R.204.5(g)(2).
Thanks
Sunnyap
 
Hello again,

Thanks for all the time you are spending and information you are providing.
Unfortunately, only one other 140 was approved but that person's 485 also has been approved. All other 140s were sent along with mine, so the suggestion you provided will not work.
The paper that USCIS sent says that my company showed ability to pay my LC wages for 2001-2003. It is only because the other applications were applied together is where the problem arose and all 140s were rejected.
Do you have any other suggestions?
Thanks
sunnyap
 
Thanks. Got the AILA quote. In case anyone else needs it, it is this one I think:

AILA InfoNet at Doc. No. 03060942 (June 9, 2003)

will keep you updated.
Sunnyap
 
Hi I am also getting excited. I got rfe on company ability to pay. During 2003 i had to visit india and my earnings for that year are less than preffered wage. But i am fine from 2001 to 2002 and present 2004. Can anybody tell me what happens to my case. The rfe was returned on Dec-23.
 
I think that as long as the company is able to show enough net assets to pay you the proferred wages for all the years from the time your LC was applied, you have no problems even if your current wages are less that than what is the proferred wage.
Anyone, please correct me if I am wrong.
Sunnyap
 
Degree Date

Hi
I had a question and hope the experts here could kindly help me. My company has a sub-labor EB2 available. This has a requirement of MS+0. I joined the company at end of July 2001. I have an MS which degree says "Awarded on xx Aug. 2001". The difference in dates between me joining the company and my MS degree-date is about 20 days. The sub-LC was originally filed in Sep 2001.
Would it be safe to go ahead and use this sub? Any input would be greatly appreciated. I am mainly concerned about the 20day difference between my joining date and degree-date.
 
unitednations said:
As long as you have the education requirements before priority date of labor then you are fine.

It is different for work experience. The work experience has to be fulfilled before the priority date of labor and before joining employer.

In your case there is no work experience requirement. Therefore, you met the education requirement before priority date of labor. You can use this labor.
Click to expand...


Hi UN
I think you get a lot of this from these boards -- Thanks!
 
MTR vs Appeal

Hi Unitednations,
Here's my thread to continue on ability to pay issues!
Can you please tell me the difference between MTR and appeal and pros and cons of both?
Appreciate your time..
Sunnyap
 
UN,

question for u

i have a 140 RFE (ability to pay) - company has negative tax returns for 2002 and 2003 - but the net assets is positive - proved by certified bank statements,asset reports etc -- attorney was initially not happy with negative tax returns but seems positive now after positive net assets for all 3 years....he's filing the RFE response now --- do u think it's enough?
 
Thanks for the detailed info! Will read up and let you know if I have more questions....
sunnyap
 
Hi UN,

My salary was always less than that of specified in labor. Before filing 140 & 485 since I thought this will cause an issue, I talked to company, what I was told is that the salary on LC is 'future' salary and nothing to worry about that. At that time I was not aware of this 'combining deficiencies' system csc follows, and I knew recent 140 approvals for my company. Now since my salary was always less than the LC wage till date, what are my options, my company has more than 300+ employees, will a letter from cfo solve the issue, or is there any other options, my company will not reveal the fin. status to me. Pl. advise

Thanks

unitednations said:
uscis very rarely looks into combining all deficiencies as they have in your case.

Problem with profits in 2004 is that, uscis wants ability to pay for each year individually.

If there is anyone who has had 140 approved with your company but they still have 485 pending, the company could revoke that persons 140 and substitute you. The persons 140 that they revoked would still be protected by ac21 and they would not lose their greencard.

AAO came out with a decision recently which we all term the "baltimore case" and although the situation was diferent, AAO stated that one can use ac21 within the same company. Therefore, the other person would be safe as they would just invoke ac21 for a theoretically different position within the same company and you could use their labor to get the 140 approved. Note, when you would re-apply on that labor, you could probably combine your salary along with the other person's salary each year to meet the proffered wage requirement.
Click to expand...
 
I140 denied

sunnyap said:
Hi,
My 140 was denied due to the fact that the LC wage was more that what is on my W2.
Has anyone gone through this and if so could you please tell me what you did?
Thanks in advance
sunnyap
Click to expand...
Hi Sunnyap,
What was the message change if at all there was one when you got the denial?
My case is somewhat similar to yours and I see a message change recently on my 140 which says document was sent asking for additional information/evidence. Wonder what that means. I pray it is just RFE.
 
You are right

Hi Microdev1,
You are right. It was a simple RFE asking for employer's tax info as per my attorney.
Will have exact details by monday next.
thanks for your feed back.
 
Thanks UN,

I recently found out that my company was in loss in 2003, does this matter ?, or giving the letter from cfo will solve this , if not is there any hope , or since the company was in loss means problem ?, but there was recent approvals, but it was subst labor


Thanks


unitednations said:
If you send in CFO letter for abilityto pay, you should be fine.

Not always does uscis california look to combine deficiencies of all people going for the greencard. If they did, not many of the small consulting companies would get approved.

Sometimes it is based on luck.
Click to expand...
 
Hi Unitednations

Hi United nations
I' m happy to your replys and your suggestions
your so great......

please help my case

my case I-140 denied due to educational 3years + 1 year PGDCA
they didnt considered as a 4 years degree
again appealed 3 months back still no reply, I think they sent to AAO office in DC

here is my case details

EB-3 Sub Lab priority 2001

concurrently

I765, I-131, I-140, I4-485 RD Nov 2004
ND Nov 2004
I-765 & I-131 spouse & self both r approved
I-140 denied
due to poor evalutons
appeald in march 2005
RD & ND March 2005
no reply

my final quot.... is it possible
can my spouse use sub lab same thing what I was used,
I want drop this case or withdraw and can I use this same sub lab... for my spuse as a primary
my primary has 4 year degree + employer they want give job offer
right now we r in H1-B & H-4 (present status)

please give me your sugg..... and idea if U dont mine
I'm really appreciate your help I never forget in my life...


thanx
smkr999
 
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