140 Denied - pls help

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vicky_usa

Registered Users (C)
Hello Guys

My 140 denied. the detials are as given below, pls help
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
 
I am very sorry to hear your case decision. I am sure that no one other than Sheela Murthy would be able to guide you better as everyone knows that she handles cases even when everyone has lost hopes.

I wish you good luck on your case. Dont loose hopes.. You would win.
 
Vicky,


Sorry to hear that 140 is denied. Don't panic. we have seen cases who got denied and after MTR they got approved. so consult with some lawyers.

and one guy who sent the same document with MTR and through his county senator and through his employer county senator .. he got both 140 and 485 approved together..

so don't worry ... by the way .. you are not mentioned the denial notice information. ?!?!?!?
 
Deniel information is on company ability to pay. They say that you guys have shown $2000 loss in 2002 and current asset is less than current liability. so the company cannot pay you the money when the labor was filed. hence forth we deny your case. you can appeal with form I290B
 
vicky_usa

You need to a good competent attorney to argue your case.

why didn't your attorney send your W2. Your w2 is a proof that the company can pay the salary and difference could be covered by showing other documents. It looks like your attorney doesn't know what he is doing. My first attorney was in same category and got two cases denied without knowing how to respond to RFE. I quickly got the message and changed attorney. He did a very good job by collecting all relevant documents and responding to RFE with good argument. My case got approved after one month of RFE response.

Is your company a single owner setup? there are several ways of getting around the problem.
 
rajudm said:
You need to a good competent attorney to argue your case.

why didn't your attorney send your W2. Your w2 is a proof that the company can pay the salary and difference could be covered by showing other documents. It looks like your attorney doesn't know what he is doing. My first attorney was in same category and got two cases denied without knowing how to respond to RFE. I quickly got the message and changed attorney. He did a very good job by collecting all relevant documents and responding to RFE with good argument. My case got approved after one month of RFE response.

Is your company a single owner setup? there are several ways of getting around the problem.
Click to expand...

Hi Rajudm

my company is a corporation, but again shares are held 100% by my owner only. it is a small company with 1 million of revenue. my attorney is sheela murthy. she is currently working on how to appeal and MTR.

kindly can you give some suggestions on what all documents you submitted alongwith your RFE.

thanks

vicky
 
surprised!!!

I am really surprised to know Sheela Murthy failed in the attempt. Were you on the sponsor employer's pay roll before labor was filed...and also was your w2 reasonable from the day labor was filed continuing to present?

Your attorney charges hefty fees and so she would know how to respond with additional documents. Unless there was something which was not sent on purpose (exposing too much financial details can cause additional questions if there is some suspicion).

company tax returns for all years from the day labor was filed, financial statements for 2004, and line of credit for the all the years. Hope this helps.
 
Keep faith,
There is always a solution to your problem and your authorney's experience should help finding it.
 
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