I-140/485 concurrent Approval: Landslide victory of UN on 'Ability To Pay'

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lohith

Registered Users (C)
I-140/485 approved. Landslide victory of UN on 'Ability To Pay'

My 2nd I-140 finally approved which was destined for denial even after struggling for 3 years.

Here is my real story. Please see my postings right from April 8th'2004 since my fisrt 140 was denied and dismissed on appeal too. This was the time I registred with boards and wanna discover any way out of this mess.


Here is my attemts and survival story: ( I just wanna give facts not the feelings)

Apr'04: My first 140 was denied and Appeal was dismissed based on my company's Y2000/2001/2002 financials. Reason: Petitioner did not establish 'Ability to Pay' since PD of the LC 10/2000 to 04/2003.
Attorney asked my company CPA to work back on company financials to show ability. Company's CPA summarily rejected that 'There was nothing to work on as company financials are bad. That's it'. Eventually, Attorney argued on his own on the appeal based on company's subjective matters like 2001 was in economic depression and could not do much business and 2002 onwards it's picking up with and currently paying proferred wage in 08/2003 with improved revenues.
After 10 months, Appeal was dismissed that USCIS's director's earlier decision was right and Petitioner did not establish 'Ability to Pay' on PD. In short, AAO and USCIS didn't buy bulls**T subjective arguments. Lesson learned.

Consequently after denial I made futile attempts on searchng possibilities for

Strategy 1: Tranferring LC to different company. ---too complicated.
Strategy 2: Applying AC-21 on pending 140. Never heard any +ve news. Every one said use it as last resort and again not an option; So ruled out.

Basically, left with no choice other than fighting back on 'Ability to Pay' I could not find any info on boards, so started thread "Sick of I-140 denials !!! http://www.immigrationportal.com/showthread.php?t=136329 " and posted my issues. Nobody answered/understood my issues for a while. Well, out of a blue moon, "unitednations" replied to my burning issues on 'Ability to Pay' by answering/educating me on this with patience.

Since then (July'2004), Not only I have been in constant touch with him, also, UN, by himself checking with me on my options on 'What's the strategy to encounter third denial on my case?'

I asked my lawyer same Q in Sept'04 what if my case denied again, attorney said in single liner response "We will deal when it's denied". which scared me that he had no idea what so ever.

Well, I resorted back to this thread in Oct'04 and asked UN. UN replied that we gotto see comapany finances since PD (10/2000) to check any potential. Please note that UN did volunteer finding a solution by checking comapny finances by educating me on GOLDEN THREE RULES for "ability to pay'.

It took me two months to get tax returns of Y00/01/02/03 from company. Reason: Employer is not willing to share company finances with employees for various reasons.

Once I got those tax reruns, then forwarded to UN for any potential to salvage my case. While I was least expecting any response from anyone after looking at company's wretched finances of
Y00 -> 60k
Y01 -> 12k
Y02 -> 23 k
Y03 -> 20k ,
thing is by looking at above company finances, previously, no CPA dare to say a word on matching up wih my 90k annual salary for LC.

Out of total surprise, UN called me and shed me light that there was 100% potential on 'Ability to pay' but only by amending taxes. Amending those taxes is not trivial thing because the numbers were too tight. Well, I could not comprehend (I'm a techy) how UN managed this tough task by his exceptional accounting skills/methodologies to solve the riddle. One thing is sure that he spent great deal of time and hardwork in researching these accounting issues in immigration standpoint and explaining the passive-employer.

After that, UN researched strategies by combinations of USCIS policies like Yates memo, AAO decisions and various accounting methodilogies to prove ability to pay on my case. Final documentation became so huge like ~90 pages. It's so tough to read and assimiliate the hundereds of AAO decisions based on immigration and economic rules even if you get paid to do that.


One thing, I noticed that UN is always optimistic and enthusiastic all along the way and worked with whole hearted commitment to encounter the denial on my cases from all perspectives.

Everyday, I remember his words when I said that I was not quite sure of this whole thing. Does it really work? UN said, "I'm 100% sure wholeheartedly you will get approval. This is rock solid case with my best accounting skills. I'll stand by you to fight with any RFE/denial till you get approval."

Then, recalling his words time to time, I forwarded final documentation to my lawyer. Now, new trouble came up. Lawyer didn't want to send doc to USCIS and said 'we can't send documentation here and there little, little. Mail room reject it', INS does not like you !!." ..... I'm speechless for a while.." Reason, 'ego' came into the picture by looking at UN's work. When I spoke to lawyer that however, later, lawyer undeniably said that he's amazed by the CPA's handsome documentation.
At this juncture, UN proactively assured and supported me to take the risk of pushing the attorney to file it on 02/24/2005.

After that, I've been checking the case status everyday couple of times.. but no LUDs.. So, I got skeptical whether it made to my pending file ..?..but UN is following up with me regularly and boosting my morale... that we can re-file 140 in other category as a backup proactively.

By waiting/checking and keeping fingers crossed we filed new 140/eb3 on 03/04/2005 as there was no LUD on my pending 140 and anticipating RFE.

Fianlly, after a quiet and traceless limbo of 12 days, yesterday evening I got magic emails that your case APPROVED. I was totally stunned with pleasant unbelievable shock. I could not believe that my 140 was APPROVED and 485 also after exactly 45 minutes. I confirmed it sevaral times by checking on-line case search..

WOW, Thank God.. it just happend .. UN's documentation made thru my file and CIS approved it..
Then I just prayed God for a while and first person I called to break the news was Guess Who? it's 'unitednations' and expressed my whole-hearted gratitude for his help by recalling his words ...I'll stand by you to fight till you get approval......"

In short, 'unitednations' is my Hero and Savior of my immigration life in US now on....

With special thanks to 'unitednations' for his goodwill, hardwork and perseverance.

-lohithkc@yahoo.com

P.S.> To get my full story, search the forum with my id 'lohith'
 
That's really unbelievable!

I too responded to my I-140 after getting valuable points from his 'Ability to Pay' thread, though not lucky enough as you. UN is really a wonderful guy helping so many out there. Anyways, congrats and goodluck!
 
Congrats ! lohith

WOW ! Congrats lohith . You won the war . All credit should go to UnitedNations. Congratulation UN for this victory and for helping immigrants like us.
 
Congrats

First Congratulations!
UN's work on 'Ability To Pay' is excellent. This website/forum is also been great help so far.
UN Great work. Thanks from my side also for all efforts and help.
 
Congrats Lohith!!!

Congratulations Lohith on your approvals. Its indeed amazing how UN helped you in reversing your denials into a approval. Gr8 job UN. Keep it up.
 
congrats both lohith and UN, UN is the ultimate person to get any info
keep up the good work, hats of to you
 
Congrats lohit. UN good work

Can somebody guide me about my situation.

My 140 has decided for Notice of Intent to Deny bcoz substitute labor has been used by original benificiary and has acquired lawful permanent residence. Before my 140 reciept date and EAC# generation company has applied for revocation of Original benificiary's 140.
USCIS stated that "It appears your request for revocation of petition on behalf of original petition was made only in conjuction with this petition, and that no separate request for revocation was made".

Is there any chance that 140 can get approved?
 
UN Thanks for the reply

Original petitioner's 140 was approved on 12/03/2001. And his 485 was approved on end of Aug/2004. My 140 Receipt date is 06/Aug/2004.

My lawyer is responding with 140 revocation details, DHL's receipt proof and Original beneficiary's 485 approval details.

Is this a right direction in responding to USCIS?
 
gcsm said:
Original petitioner's 140 was approved on 12/03/2001. And his 485 was approved on end of Aug/2004. My 140 Receipt date is 06/Aug/2004.

My lawyer is responding with 140 revocation details, DHL's receipt proof and Original beneficiary's 485 approval details.

Is this a right direction in responding to USCIS?
Click to expand...

Your situation looks very sensitive. Your 140 was filed just few weeks before original benefciary's 485 approval. Well, orig benificiary obtained perm residency before his 140 revocation was processed.

on boards, I read one case where orig beneficiary sent AC21 after employer's revocation of 140. But revocation of 140 had n't been processed and notified by uscis before orig. beneficiary's AC21 filing.
While processing AC21, uscis sent NOID of 485 to beneficairy that your underlying140 withdrwal was processed few days ago. But, beneficiary argued that uscis was n't processed/notified till he filed AC21 and won the ac21 case. In that case, LC could be used twice.

UN, does AC21 protects beneficiary on approved 485 even beneficiary didnot invoke/file AC21? It's confusing how AC21 acts on approved GC/485.
 
Congrats!

I have been a "silent" visitor on this board for a couple of years. I noticed that UN had help a lot of ppl out when their case was dennied by the USCIS. Thanks you, UN, and all the other members like you.
 
unitednations said:
one more thing;

ac21 doesn't require notification to uscis.

The advantage of letting uscis know of ac21 before the greencard got approved is that it is in their files and they have determined that it is a "same/similar" job.

If one doesn't invoke ac21, and there is an issue later on at citizenship time or someone complains on you; it wouldn't be in their files as them having assessed whether that job is same/similar. They could ask you to prove that it was same/similar job.

The key thing is that you meet the requirements of same/similar job whether or not you notified uscis. As worse thing could happen is if one didn't notify and they are asked later to prove that it was same/similar job.
Click to expand...

UN,
Your response is very helpful for other members as it is now very hot topic. -AC-21 on approved I-485s. You are the immigration Guru !! :)
 
UnitedNations shud be felicitated

Lohit ,
congrats on getting ur GC.

Also UN is a great guy and I think we all ( users of this forum) shud gather and felicitate him, especially the ones whom he has replied. His replies are usually accurate and to the point.

Ginnu is another such person.

UNations and Ginnu , thanx so much.

Others, may be we can feliciate UN somehow? What do ya all think ?
 
battered said:
Lohit ,
congrats on getting ur GC.

Also UN is a great guy and I think we all ( users of this forum) shud gather and felicitate him, especially the ones whom he has replied. His replies are usually accurate and to the point.

Ginnu is another such person.

UNations and Ginnu , thanx so much.

Others, may be we can feliciate UN somehow? What do ya all think ?
Click to expand...

Sure... it's good idea..
 
UN shud be felicitated

Please count me in too. I will join the felicitation wherever you have it.

UN is not only an expert in A2P related issues, but in employment category GC overall. I was amazed at how he quoted AAO decisions from the top of his head while discussing 485 issues. I commented that he was breathing, eating and sleeping AAO decisions. However, much much more amazing than his knowledge and analysis, is his untiring and unwavering motivation to help others. He is helping as many people as is humanly possible with all the knowledge and analytical abilities he has. Inspite of being plied with scores of phone-calls everday, never once have I heard him tired or annoyed or snappy - whatever time of the day or night. Beyond being so highly appreciative of him, is the need to be inspired by him and try to help others as he does.

And a big thanks to Lohith who worked with me on drafting my EVL, he wrote the first draft and then discussed the changes I suggested. He told me 'make any other changes you want but keep the last paragraph that says company is very motivated to continue to support your petition - that is the most important peice other than the job description'. And I completely agreed with him. My lawyer called that para 'unnecessary fluff'. I said I liked that fluff and it would stay no matter. My bottomline lesson - I dont think INS/USCIS is as unreasonable, irrational and egoistic as some (or is it many) of the immigration lawyers.
 
Correction:
My bottomline lesson - I dont think INS/USCIS is unreasonable, irrational and egoistic as opposed to some (or is it many) of the immigration lawyers are.
 
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