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 ...
 
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 ...
Click to expand...
I dont think you can continue on EAD. I am not sure though. UnitedNations is the right person to answer your question. Once MTR has been filed you can work using your EAD. The problem with that though is that your EAD cannot be renewed until your Motion is accepted and your 485 is reopened. As long as you have about 4-5 months on EAD and there is a good chance of getting your case reopened, I would say, do not worry.

If the chances of reopen are less, then you should be very worried at this point of time. Best of luck ... look at the thread on Ability to Pay Issues in the VSC 140 / 485 forum - http://www.immigrationportal.com/showthread.php?t=137088 Read this thread carefully and you may find your answers here ...
 
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 ...
Click to expand...

If your I-140 is denied, all petitions based on I-140 also automatically get voided, along with any special authorizations like EAD, AP. You therefore cannot work on EAD.
 
sammygc

How big your company ?. What's current wages and mentioned LC preferred wages ? What's gloss income and net profit ?. How about your w2's shows. Did you get REF ?.

I'm asking, may be I'm also in same boat. Please provide all details would be a great help .

Dharani
 
Dazzling,

Pl. check your Private messages..! I have sent a question related to I140 based on substitute labor.

Thanks,
 
Company Issue

What really happened was the company which originally had filed my labor
filed bankrupcy and was bought by another co who filed my 140 / 485
thats the reason they denied my application ...

My lawyer is going to file MTR based on the denied 140 and fight the case

also at the same time , my company is going to file another 140 / 485 using
approved labor do you see any problems with that ...
 
You plan to file MTR to reopen 140/485. Then file another 140 using approved labor is ok. But file another 485, apply two 485s at the same time, maybe there is a small problem. Also, your EAD is based on the old 485, if there is any problem with the old 485, do you need a new EAD based on the new 485? It is too complex to me.

To file 140 using approved labor, your job, skills, experience, and education must match the labor very well. Your experience and education must be gained before the approved labor's application date. You would better to post more detailed about yourself and the approved labor, then we can give you some better suggestions.
 
SammyGC,
How is the financial position of the company that bought your old company?
When you got a RFE did you submit the merger or Asset-Buy contract?
 
The financial condition of new co is not too bad, its profitable company...
it has less than 100 employees though

frankly i dont see any other option but file another 140 / 485 using
approved labor ... I dont know MTR even works or not

So all the gurus if you see any issue filing another 140 / 485 using
approved labor pl let me know

cheers!
 
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