GURUS Please HELP ...urgent

[rajudm]

GURUS Please HELP ... I140/I485 denied (Financial docs) urgent

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

 

[hedgehog]

File a motion to reopen/appeal the decision. Basically, you want to be able to submit evidence that argues every point that the INS made to deny the initial application. If the application was denied just on the basis of company financials, a clever CFO can write a letter to the INS discussing the merits of the company's business plan and highlight it's ability to pay the employee. Remember, there are companies that make losses on a continuing basis that are publicly traded and are worth billions of $s, and continue to pay their employees.

As far as the CPA certification, dont think it is a big deal, you should be able to find CPA's dime to a dozen that are more then willing to take a fee, and attest to an "unaudited" financial statement.

I am assuming the sponsoring company is privately owned in this case.

 

[rajudm]

hedgehog..

Your assumption is right...company is privately owned. The year in which labor was filed (2002) company showed losses about 80K. It is a 20 people company. I don't know about 2003 ..if it is good or bad. Does your observation still valid with this info?

thanks
raju