Denied Concurrent 140/485

A

A0001

Registered Users (C)
140/485/765 Filed :12/02
140/485/765 Denied :05/03(because 140 requirements)

Employer Re Filing 140 with Labor substitute and linking with denied 140 file.
Immigration Representative told me that there may not be a need to file 485 again.

Is Denied I485 legal?
How old denied 485/765 become active??
Is it possiable to link with file?
Any one come accross this situation/case?

Any ideas.... please let me know.
 
Technically, substitution of other person's Labor Certification is possible. Actually, this was the only way to retain a pending I-485 with respect to change of employers, before AC21.

Practically, your I-485 is already denied. This, in my opinion, complicates the case. Theoretically, if you file a Motion to Reopen for I-485 and a new I-140 based on another person's Labor Certification, it could work. Your immigration attorney should not have waited until your previous I-140 got denied, but respond to INS' I-140 or I-485 Intent to Deny notice with a new I-140 filing, just to keep a pending I-485 in the loop.

There is a trick to the Motion to Reopen filing. It has to be done in a certain timeframe from the denial notice receive date. It is like 30 days, if my memory serves correctly.
 
A0001,

I filed concurrent 140/485/131/765 in Nov'02. My 140 got denied in April'03 which inturn denied my 485,131 & 765. My lawyer filed an appeal in 30 days with all required supporting documents and cover letter. I got an approval of my 140 withing a week. Then I got noticess from BCIS stating that my 485/765 & 131 got reopened. My 765 & 131 got approved within a month which is June '03. I am waiting for my 485 approval.....

Hope that helps.

Originally posted by A0001
140/485/765 Filed :12/02
140/485/765 Denied :05/03(because 140 requirements)

Employer Re Filing 140 with Labor substitute and linking with denied 140 file.
Immigration Representative told me that there may not be a need to file 485 again.

Is Denied I485 legal?
How old denied 485/765 become active??
Is it possiable to link with file?
Any one come accross this situation/case?

Any ideas.... please let me know.
Click to expand...
 
Hi my140denied

Appeal to whom( INS or AAO)?
Is there any time frame to appeal?

what is best direction, please let me know?

thanks,
 
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Hi A0001,

The appeal should be filed withing 30 days of denial notice (received by you). You first file the appeal with BCIS and if they are not willing to approve your case then it goes to AAO. Mine got approved at BCIS itself.

Looks like in your case it's too late to file an appeal.

So I am not sure which direction is best for you at this moment.



Originally posted by A0001
Hi my140denied

Appeal to whom( INS or AAO)?
Is there any time frame to appeal?

what is best direction, please let me know?

thanks,
Click to expand...
 
Hi my140denied,

thanks for your responce...

mine is issue with education (not specified length of BS in Labor)

what is the issue in your denial? please give me more detail....Please
 
Last edited by a moderator:
CSC intented to deny my 140 too

on the education grounds citing that I only have 3 year diploma and work experience can not be counted against Green Card. I did had a 2 year Certficate course. Later I got another evaluation done by different credential evaluator and CSC approved my case. My was back in Year 2001 when concurrent filing is not possible.


Thanks
 
A0001,

Normally with denial I-140 USCIS give all the details for denial and also to whom you can appeal. Time frame is 30 days. You can work fast. get your education evaluted again, get good lawyer and appeal immediately. Chances are good as far education is concerned.

My friend's case was also denied. he appealed too. but was not able to clear. Since his was realted to salary sturff. He started all over again.
 
Hi A0001,

My 140 was denied on the company financial grounds... then we appealed with proper documents.

I heard education denials are easy to appeal....



Originally posted by achal
A0001,

Normally with denial I-140 USCIS give all the details for denial and also to whom you can appeal. Time frame is 30 days. You can work fast. get your education evaluted again, get good lawyer and appeal immediately. Chances are good as far education is concerned.

My friend's case was also denied. he appealed too. but was not able to clear. Since his was realted to salary sturff. He started all over again.
Click to expand...
 
hi my14denied,


mine is a concurrent filing and a labor substitution case. Our 140 was denied in dec and subsequently 485 , 765 was denied. The reason for denial was companys ability to pay in the year for which the labor was approved(2001). My employer appealed the decision. He sent a letter within the given time frame to vermont center asking them to reopen the case. He basically showed that he has the ability to pay ow and that 2001 was a bad year.

Was yours similar to this ..what d u think are my chances?

thanks
 
Hi gcconfusion,

my 140 was denied on financial grounds too. I first had an RFE asking for company's ability to pay docs and they asked for company's 2001 tax docs particularly. Our 2001 was very bad showed 7 million deficit. Then my 140 got denied. The lawyer then sent the following package with the appeal:

1. Bank Statement (which showed the new funds we got)
2. copy of 2 Sales contracts (from big customers)
3. My w2 (2 yrs) and 3 paystubs (my income was much higher than what was there on the LC)
4. A letter from our CFO
5. A cover letter by the lawyer(lawyer did a great job on that)

Result was - my 140 got approved after 3 days it was received at the BCIS.

So if your packege is strong u will get approved at the BCIS if not then you will end up going to the AAU and I see no reason why ur case be rejected at AAU.

Wish you good luck. Hope you get an approval at the BCIS.




Originally posted by gcconfusion
hi my14denied,


mine is a concurrent filing and a labor substitution case. Our 140 was denied in dec and subsequently 485 , 765 was denied. The reason for denial was companys ability to pay in the year for which the labor was approved(2001). My employer appealed the decision. He sent a letter within the given time frame to vermont center asking them to reopen the case. He basically showed that he has the ability to pay ow and that 2001 was a bad year.

Was yours similar to this ..what d u think are my chances?

thanks
Click to expand...
 
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