Chances for getting my I-140 accepted

C

ciz

New Member
Hello everyone,

I just heard from my lawyer that there is a 50/50 chance that my I-140 application be denied. The reason is "Ability to pay"; USCIS sent an RFE for additional documents, and my company supplied them. Judging from the lawyer's comments, I don't believe that my company has proof that it was able to pay my salary in 2002, although I was getting paid more that the advertised salary in 2003 and 2004.

My current status: I have a valid H1B and EAD. I did fingerprinting for the I-485 which is still pending along with the I-140.

Having said that, here are my questions.
1. I replied to the I-140 RFE in Novemeber 2004, when should I expect to hear back from the USCIS about a decision?

2. My wife got an EAD based on my application and is working for another company. Would she be able to start her GC application immediately? Would she need to apply for an H1B in the meantime?

I am trying to figure out what precautions I should take to maintain legal status at any time.

Appreciate any input...

Thank you,
ciz
 
Last edited by a moderator:
Same Here Buddy!

Except that we didn't switched to EAD, and are still on H1B. Yours and mine cases are exactly the same, and my response to rfe(abilitiy to pay) was submitted on 11/4/04, and i too eagerly waiting for my I-140 status.

We too substantiated that my company was in a position to pay proferred wages in '02, though there was no problem in '03 and '04. I'm hoping to sail through, but every case is different depending on who is looking at one's case.

I-140/I-485 -- ND 8/15/2004
I-140 RFE -- 9/2004 responded 11/4/04

Let's hope for the best!
 
Got my I-140 approved today

I finally got my I-140 approved today.
After an RFE for "Ability to Pay" almost a month ago, I just received the approval notification from the USCIS website.

Regards,
Ciz
 
congrats!

That gave me some hope. DId the LUD changed before approval, and after RFE response acknowledgement?
 
LUD changed

Hi Srichalam,

The LUD changed when they sent the RFE, then when they received the response, and now when they approved it.

Hope this helps...
good luck!
ciz
 
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