Friend's I-140 Denied

K

karns

Registered Users (C)
My Friend's I-140 denied from Nebraska on the basis of company's unability to pay.


Question I have is what happens to the labor, once I-140 is denied?
 
as far as i know, company won't be able to use that labor for any on else...

this thing always haunts me rejection of i-140 application after sooooooooo much of pain and wait...:mad: :(
 
How long did they take?

How long did NSC take to deny I140 case?

I am expecting a similar type of RFE. If the company doesn't have Net Current Asset, the denial will be the result. I don't know how to address this issue.

If possible I would like to convert my EB2 RIR to EB2 NIW. I have two Masters and a PhD with good experience. I am not sure if anyone has experience in converting EB2 RIR to EB2 NIW. In that case labor and the ability to pay doesn't come into picture.
 
Thanks Guys for the responses.

Well He applied in early January. RFE came in Early March and they denied 3/4 days ago. Online status still not updated according to him.

Along with him 4 other applications from the same company got denied.

As far as conversion is concerned, you are potentially looking for more delay. Because you will have to file an amendment to previous I-140 but it is doable. But talk to an attorney soon
 
karns

Thanks for your mail. I don't care about the delay as long as I can protect my investment in 485/AP/EAD filings. Two candidates already got denied and I will be next in line if I don't take corrective actions.

I will be consulting two attorneys within next few days.
 
Originally posted by laborhope1
Karns,
Was ur friend was paid labor approved pay regularly by the co.
laborhope1
Click to expand...
yes, I think he is earning a handsome salary. and it is his self found client
 
Re: hope this is not a April Fools joke

Originally posted by gc_dc
if not .. feel sorry for him
Click to expand...


I wish it was a joke. But its not He came to know yesterday through employer.
 
Karns,

How big is the company? How did they determine that the company is unable to pay the salary when he is earning a handsome salary? I am confused? Were there layoffs recenty? What was the basis of denial? What are his options now?

:confused:

joyd
 
Originally posted by joyd
Karns,

How big is the company? How did they determine that the company is unable to pay the salary when he is earning a handsome salary? I am confused? Were there layoffs recenty? What was the basis of denial? What are his options now?

:confused:

joyd
Click to expand...

Well it is because he found this client and then went to this particular company to process his payroll as well as Labor and further. So client is big hence good salary but employer is just like a commission agent but it is supposedly having a good number of people who typically find clients on their own and stick with him for the sake of GC
 
Originally posted by karns
Well it is because he found this client and then went to this particular company to process his payroll as well as Labor and further. So client is big hence good salary but employer is just like a commission agent but it is supposedly having a good number of people who typically find clients on their own and stick with him for the sake of GC
Click to expand...

Is this an NJ based company with Delaware/ Chicago labor processing?

Is reason for rejection related forum shopping?
 
No the company itself is in Wisonsin but he is working with a client in PA. But reason for denial I believe is Body shopping as you suggested
 
Body shopping may not be the reason. Labor department and immigration both recognizes that kind of business.

What I was thinking was applying the Labor at the less crowdie states even though they do not have office/ or any facility in the jurisdiction.

Every one knows that recently PA DOL rejected some Labor based on their visit to those companies.
 
if body shopping is recognized by immigration and DOL, why do they insist on company's ability to pay? In the above scenario the company can exist only when employees with contracts are present. They should only look to see if the company has fresh contracts so that they can salary for future GC.

I am very confused with the US immigration written/unwritten rules.
 
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