Ability to Pay RFEs

C

calidude

New Member
Hi,
I Have a question on the new memo issued On May 4, by William Yates

Will CIS RFE or Deny Application from a company on thier Ability to pay if the company has only provided a letter from the CFO.

The company employs more than 500 employees and beneficiary is currently working for the company.

Anyone who has similar experience or know anything about this please respond.


Thanks,

CD
 
EAD/140-receipt date Oct 7 2003.

140 on HOLD since Dec23 2003.(request for RFE).
Reason for RFE: Companys ability to pay.
My company did a very good job in submitting all the docs necessary to satisfy INS.

140 RFE responded April 23 2004.(There has being a reponse/request inquiry back and forth and hence the extended date for

RFE deadline, which is more than 90 days and before the due date set by USCIS which is April 23 2004)

EAD/140 still on HOLD.

Inquiry through liasion for 140 sent on Jun 21 2004.

What are the chances of my 140 beign approved?

What should I do to be prepared if my 140 is rejected? What is the best approach(include docs) to appeal, etc?

thanks
 
140 is denied

Hi All,
Yesterday I came to know that all of my ead/ap/485/140 are denied because my 140 got rejected. Reason they gave is I did not receive salary in 2003 as said during the labor clearance.
My h1 is expiring in Nov-04. My company is saying that they can file for my 7th year extension. I am not sure whether I can go with the same company and same lawyer.
Any help is this regard will be highly appreciated.
Thanks,
SarwarMD
 
Sarwarmd,

Its sad to know that your I-140 was denied. Don't loose your heart. Lot of people eventually got their I-140 approved after first denial.

If your 6 year period ends in Nov'2004, then you have no choice. You need to stick with same company and open a MTR. This is sufficient to apply for 7th year extension.

Or else you have another option. Find out a company who have extra approved labor certification, join them and apply for I-140/I-485 with a substitute labor.

This is just my idea. I may be wrong.
 
Hi sarwarmd

Sorry to hear your case. Would you post some details such as your I-140 RD, RFE(if any), your company's size and your company's financial situation? Thanks.

Besides, what did you lawyer say? If you have a strong case, you should appeal.


sarwarmd said:
Hi All,
Yesterday I came to know that all of my ead/ap/485/140 are denied because my 140 got rejected. Reason they gave is I did not receive salary in 2003 as said during the labor clearance.
My h1 is expiring in Nov-04. My company is saying that they can file for my 7th year extension. I am not sure whether I can go with the same company and same lawyer.
Any help is this regard will be highly appreciated.
Thanks,
SarwarMD
Click to expand...
 
RFE details / already made an appeal

Hi NeedLuck4GC,
I am sorry for my late response.
My 140 got a RFE on Feb-02-04 and which is answered by my company on Apr-15-2004 and the same got denied on Jul-6-04.
My company has very bad habbit. They answer all questions only on the last day.
The RFE was company's ability to pay. My company showed losses during the years 2003 and 2004. Worst part is that my company never showed the financial results to me.

I have already made an appeal on Aug-10-04. I think I can expect a decision any time. MY H1 is completing 6 years in Nov-04. I started processing GC from a new company. I have already applied for a labor from new Hampshire thru a new company.
My idea is to stay in the status if my appeal gets denied.
Any suggestions will be highly appreciated!
Thanks,
Sarwar
 
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