GURUS Please HELP ...urgent

R

rajudm

Registered Users (C)
Here is the situation.

My friend and myself were sponsored for future GC by a company. My friends I140 ND oct2002 was issued an RFE for company financial statements. The response to RFE was received in January. Today his I140 was denied. Attorney is now telling that the financial statements need to be certified by CPA. Is it a requirement?

What all options we have now?

Change the attorney...may be request Mr. Rajeev Khanna to help us out?

Can his case be re-opened?


Looking into future for my case ...I may also land up in a similar situation. Can I transfer my H1 to the sponsoring company (use premium processing)? When an RFE is issued, rebutt saying that company is already paying the salary and thus has the ability to pay in future.

Your help in this regards is much appreciated.

thanks

raju
 
rajudm,

I do not think working for a company different for the sponsoring company can be a reason for denail. Sponsoring company inability to pay salary can be a reason for denail.

I think you should work with the sponsoring company to make a solid case that they can pay your salary, instean of transering to their H1.

My 2 cents ...

Thanks
 
Rajudm

How big is the GC sponsoring co.?

how much revenues it makes from the year it applied for you LC?

how much net profit it makes >?

What about their bank balance ? how much is it?


when ur friends RFE was replied what all documents were sent ?
what was written on cover letter by lawyer replying to RFE ?
what had lawyer said when RFE was received ?

Please let me know all this may be i can help ?
 
thanks to User850 and tsethi

Thank you very much for your input.

tsethi:
Any ground rules we should follow to make the solid case so that the inability to pay issue is laid to rest.


User850:
Your questions are very relevant to which I don't have answer at this moment. I have to have an in-depth meeting with our employer to find out what was the RFE and how it was addressed. And on what grounds I140 was denied.

User850 I would send you a PM regarding the details ( may take a week or two because our company president is on business trip).

I have a feeling that attorney has messed it up. (details will be in PM).

thanks once again.
raju
 
User850

I wonder if my case slips through and gets approved...or is there a link between all I140 cases filed by the company. Since I got the first EAD without any problem (no RFE was issued), does it mean mine will go through. It is just a wishful thinking.
 
rajudm

hope your case approves without RFE but its better to do ground work . keep good realtions with co. and get as much info out from them ( profits /revenues /contracts /bank statements). Post the exact details and what attorney says.
 
Originally posted by rajudm
Here is the situation.

My friend and myself were sponsored for future GC by a company. My friends I140 ND oct2002 was issued an RFE for company financial statements. The response to RFE was received in January. Today his I140 was denied. Attorney is now telling that the financial statements need to be certified by CPA. Is it a requirement?

The financial statement submitted should have been an audited statement. Make sure that the financial statement concur with the tax returns filed by the company as they might (and many cases they are) with the tax returns filled by the company. Many large companies have inhouse Financial personnel who would maintain a good record and do internal audit. But smaller companies must submit an audited statement. Talk to your company and check if they can get their accounts auitted.

What all options we have now?
Change the attorney...may be request Mr. Rajeev Khanna to help us out?

As said see if you could get the company accounts auditted and get an certified financial statement. If you feel that the lawyer is incompetent it is a good idea to change lawyer and Rajiv is a good choice.

Can his case be re-opened?

Yes the case can be reopened. I think if the case has to be reopened iot has to be done within a specific time (45 days or 3 months... can't remember). So first if required change lawyer, file for appeal, get all required docs. USCIS will ask for additional docs once the case is reopened. So be prepared with those docs.



Looking into future for my case ...I may also land up in a similar situation. Can I transfer my H1 to the sponsoring company (use premium processing)? When an RFE is issued, rebutt saying that company is already paying the salary and thus has the ability to pay in future.

Changing employer will not be of much help. Ask the company to have its tax return and audited financial statement ready. Many companies will have a 15 - 20 page write up about the company (Usually things form their website). This write up can contain the company history andits services etc. Its all with the presentation. Try to prepare one (if already not available) and ask your company to sent it if an RFE is raised.

Every RFE response should have a decent cover letter. Many who are responding to the RFEs don't realise the importance of a decent cover letter. A cover letter should be very precise and address the RFE. (For example... The attached sheet 1 is the financial statement of my company for the fiscal year 2002, audited on 31Jan2003.). A good lawyer would be always be doing this.

A cover letter should act as an index for the adjudicator. ("Please find the attached docs" will make a very bad cover letter)

hth
dyno

Your help in this regards is much appreciated.

thanks

raju
Click to expand...
 
thanks dyno

If we can get our acts together like you mentioned in your response I don't see any reason why I140 should be denied.

It is going to be toughest couple of months ahead. I hope we get out of the turbulence unharmed.

Thank you very much.
raju
 
User850 and Dynobuoy

Hi User850 and Dynobuoy,
I got additional info from my attorney. It seems USCIS has issues with 2002 tax return for the company.

When I140/EAD was applied 2001 tax return was submitted. Now when it is taken up for processing this month or next, will an RFE for 2002 tax return result? If it happens then audit process should happen. I am not sure if we have enough time for responding to RFE.

Also if an RFE is issued after April 15th then we can submit 2003 tax return. If 2003 tax return is better then it might work in my favour. There are so many possibilities to think of...tension is building up. Please suggest.

thanks
raju
 
Re: User850 and Dynobuoy

Originally posted by rajudm
Hi User850 and Dynobuoy,
I got additional info from my attorney. It seems USCIS has issues with 2002 tax return for the company.

When I140/EAD was applied 2001 tax return was submitted. Now when it is taken up for processing this month or next, will an RFE for 2002 tax return result? If it happens then audit process should happen. I am not sure if we have enough time for responding to RFE.

Also if an RFE is issued after April 15th then we can submit 2003 tax return. If 2003 tax return is better then it might work in my favour. There are so many possibilities to think of...tension is building up. Please suggest.

rajudm

If an RFE is issued, reply with whatever document you have at that time. If you are worried about the 2003 tax return, mention that it is not available and the reason for it. In case of an absent 2003 return an auditted financial statement can be submitted.

Again word your letter welll nad see to that the adjudicator has all the information he needs.

hth
dyno

thanks
raju
Click to expand...
 
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