140 Denied

S

sammygc

Registered Users (C)
Dear Friends ..
My 140 was recently denied due to companys ability to pay ...
so did the concurrently filed 485.
My H1 expired last yr ...

My lawyer is filing motion to reopen, but in the mean time what r the
option I have ...
Can I still work on EAD, whats my current status ...

My company is ready to file another 140/485 using approved labor,
do you see any issues with it ...

looks like i am in a big mess ... any help is appreciated ... thanks
 
Hi Sammy gc,
I am so sorry to hear this news. We have never known how's INS working? Sometimes, i feel it's all depends on our luck ( if the INS officer have a good mood at that day, maybe you can get approved).
1. Filing motiton to reopen is a good way. Did you extend your 7th H1b status?
If you didn't extend your H1B, ask you lawyer about your status now. ( sorry, i didn't know if you are still can work on EAD).
2.Apply the other I140 asap. i think it's no big issu there. I think people can file more than one I140...( but not sure about the I485, I guess since your current I140/485 got denied, it should be no problem for you to file the other I140/485).
Hope this will help. hanging there
painful140



sammygc said:
Dear Friends ..
My 140 was recently denied due to companys ability to pay ...
so did the concurrently filed 485.
My H1 expired last yr ...

My lawyer is filing motion to reopen, but in the mean time what r the
option I have ...
Can I still work on EAD, whats my current status ...

My company is ready to file another 140/485 using approved labor,
do you see any issues with it ...

looks like i am in a big mess ... any help is appreciated ... thanks
Click to expand...
 
I have same issue here. My I40 also get denied due to they did not the original copy of labor.
My attorney is going to file MTR.

Do you have idea how MTR works and how much time it take to decesion ?

any help appreciated.
 
Hi letgetgc2005,

could you please elaborate more about your I-140 denial.

I've also NOT submitted ORIGINAL LC copy along with the petition. Because it was still in the mail. I submitted the petition on Sep 29 05 prior to the retrogression effective date Oct 1 05. Now, I received my original LC. I'm waiting for USCIS to send an RFE so that I can submit the Original copy.

Do you think the USCIS also denies my I-140? Please reply

Thanks
ind
 
Hi Sammy,

I think we are in same boat. My I140 got denied in july due to company's ability to pay issues. My lawyer said that he was going to file MTR but he did not respond till 30 days. and Then he said he will prepare company's new balance sheet and other financial document to support our case. I am on my 7th yr extension and my h1 is going to expire on 21st dec. So i needed to file for 8th year. I filed it and it got query that I dont have any pending applications. so my lawyer filed I140/485 in last week of sept. Still i am waiting for my receipt number to submit for RFE in h1 extension.

Well about your EAD, you can not work legally. As you got your EAD on the basis of I485 application which already denied.
 
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