I 140/485 denied

N

nitinkumar

Registered Users (C)
Here is my case

CSC EB1 (muli. exe)
RD 140/485 Aug. 29 2003 for me and total 4 dependant.

FP1 15 april 2004
I 140 rfe august 2004
Ref. received on 18 NOv. 2004
now in 2005 they approved all family EAD on 3 feb 2005
and on 21 march 2005 they approved Advance parole
AND also they send Biometric for all family on that date and request to do on
31 march 2005. We did on 26 March 2005 LUD change on 28/29 and after one week I saw LUD on 5 April 2005 on I 140 and 485 for all I called Eme # and they inform that our 485 and 140 denied.
I will received tomorrow the denial letter.
I know INS screwed up small company if you have less employees.
My question is if they want to deniy why they wait for this long period?
Why they approved AP and EAD and also send 2nd Fp.
I have valid L1a up to Oct 2005 and it can be extend up to 2 more year,so I have 3.5 year to finish this.Wife can work on EAD (L1a spouse),
20 employees in India doing very well and in US company from 2001 grow 40% rate. Net Income and gross income is very very good.
Salary from transfer india as of today $80,000 , No metter of ability to pay.
Company has 1 million Net asset ( inventory,fur.cash...).
from 1986 to 2005 Indian company never in loss.
US company also from 2001 to up to today never in loss.
When I submit application we have 3 employee and letter as of today we have 7 employees.
I know INS will say on daye of filing you have.....employees, but why they didn't denied my application in 2004 insted of sending RFE.and after received RFE why they tortcher our family for 5 months.Why give us hope by approving
EAD and AP. The worst thing is they approve AP and send Biometric and same day LUD change for EAD and 485( we respond your req.on 18 march...)
So many expert here give some advise.
I can refile 140 but last time they put me in custody for 2 year.
I belive that lawyer not represent very well but I and my family have to face.
Please givre some coment.
 
Last edited by a moderator:
nitinkumar said:
Here is my case

CSC EB1 (muli. exe)
RD 140/485 Aug. 29 2003 for me and total 4 dependant.

FP1 15 april 2004
I 140 rfe august 2004
Ref. received on 18 NOv. 2004
now in 2005 they approved all family EAD on 3 feb 2005
and on 21 march 2005 they approved Advance parole
AND also they send Biometric for all family on that date and request to do on
31 march 2005. We did on 26 March 2005 LUD change on 28/29 and after one week I saw LUD on 5 April 2005 on I 140 and 485 for all I called Eme # and they inform that our 485 and 140 denied.
I will received tomorrow the denial letter.
I know INS screwed up small company if you have less employees.
My question is if they want to deniy why they wait for this long period?
Why they approved AP and EAD and also send 2nd Fp.
I have valid L1a up to Oct 2005 and it can be extend up to 2 more year,so I have 3.5 year to finish this.Wife can work on EAD (L1a spouse),
20 employees in India doing very well and in US company from 2001 grow 40% rate. Net Income and gross income is very very good.
Salary from transfer india as of today $80,000 , No metter of ability to pay.
Company has 1 million Net asset ( inventory,fur.cash...).
from 1986 to 2005 Indian company never in loss.
US company also from 2001 to up to today never in loss.
When I submit application we have 3 employee and letter as of today we have 7 employees.
I know INS will say on daye of filing you have.....employees, but why they didn't denied my application in 2004 insted of sending RFE.and after received RFE why they tortcher our family for 5 months.Why give us hope by approving
EAD and AP. The worst thing is they approve AP and send Biometric and same day LUD change for EAD and 485( we respond your req.on 18 march...)
So many expert here give some advise.
I can refile 140 but last time they put me in custody for 2 year.
I belive that lawyer not represent very well but I and my family have to face.
Please givre some coment.
Click to expand...
Its well known that EAD/AP approval means really nothing much reg. the approval of 140 & 485

Post back when you get the letter - maybe the reasons would be clear from it.
 
nitinkumar said:
My question is if they want to deniy why they wait for this long period?
Click to expand...

What was the RFE for? Sending RFE is very common practice if USCIS concludes that the initial application lacks sufficient documents. RFE has nothing to do with denial. A denial can happen with or without RFE. Sometimes EB1 category takes time to review (compare to EB2 or EB3), because many documents attched to I-140 is very subjective (like published papers, research works, references and the compatibility of those works with the GC job). My educated guess is that your I-140 denial has nothing to with company's ability to pay or size of the company (or its profit, growth), but rather it's something to do with the EB1 category qualification for your I-140. I am not sure why you or your attorney filed for EB1.
 
Last edited by a moderator:
nitinkumar said:
Here is my case

CSC EB1 (muli. exe)
RD 140/485 Aug. 29 2003 for me and total 4 dependant.

FP1 15 april 2004
I 140 rfe august 2004
Ref. received on 18 NOv. 2004
now in 2005 they approved all family EAD on 3 feb 2005
and on 21 march 2005 they approved Advance parole
AND also they send Biometric for all family on that date and request to do on
31 march 2005. We did on 26 March 2005 LUD change on 28/29 and after one week I saw LUD on 5 April 2005 on I 140 and 485 for all I called Eme # and they inform that our 485 and 140 denied.
I will received tomorrow the denial letter.
I know INS screwed up small company if you have less employees.
My question is if they want to deniy why they wait for this long period?
Why they approved AP and EAD and also send 2nd Fp.
I have valid L1a up to Oct 2005 and it can be extend up to 2 more year,so I have 3.5 year to finish this.Wife can work on EAD (L1a spouse),
20 employees in India doing very well and in US company from 2001 grow 40% rate. Net Income and gross income is very very good.
Salary from transfer india as of today $80,000 , No metter of ability to pay.
Company has 1 million Net asset ( inventory,fur.cash...).
from 1986 to 2005 Indian company never in loss.
US company also from 2001 to up to today never in loss.
When I submit application we have 3 employee and letter as of today we have 7 employees.
I know INS will say on daye of filing you have.....employees, but why they didn't denied my application in 2004 insted of sending RFE.and after received RFE why they tortcher our family for 5 months.Why give us hope by approving
EAD and AP. The worst thing is they approve AP and send Biometric and same day LUD change for EAD and 485( we respond your req.on 18 march...)
So many expert here give some advise.
I can refile 140 but last time they put me in custody for 2 year.
I belive that lawyer not represent very well but I and my family have to face.
Please givre some coment.
Click to expand...
I am repeating what I wrote back to you in the PM that you had sent me. This is for the benefit of everyone.

Nitin, Sorry to hear that. First thing I do not know too much about EB1 cases. But my suggestion is this:
1. Let the denial letter come.
2. In the 140 denial letter they will explain very clrearly why they have denied the petition.
3. If you think that their reasons are not valid, find a good attorney and file for Motion to Reopen. You have 33 days from the denial date in which you can file MTR on 140.
4. If you are using EAD, you should immediately stop working. Since 485 is denied, all other dependent applications / approvals are automatically void.

If your 140 MTR is successful, they will reopen 485 and you can start using EAD again. Best of luck. Please create a thread in the forum and we will talk through that.
 
Thank You Dazzling.
If I file MTR and if it accept how long it will take?
Now new petetion for 140 takes 4 months(INS says), can I refile with current document?
Is their any rule we can file appeal and new 140?
 
nitinkumar said:
Thank You Dazzling.
If I file MTR and if it accept how long it will take?
Now new petetion for 140 takes 4 months(INS says), can I refile with current document?
Is their any rule we can file appeal and new 140?
Click to expand...

You can appeal and also file new 140. Check the case of Lohit in the ability to pay thread by UnitedNations in VSC 140 forum.
 
Approval On I-140 Through Exec Manager/multi National Is Very Difficult As It Requires Lots Of Supporting Evidence.u Need To Wait
For Denail Letter As There Are Many Reasons For Denail.you Have To Have A Detailed Management Structure To Be Approved Under L Catagory.
U Need A Very Experienced Lawyer.from What I Know U Can Refile A New Petition Or Reply With Further Evidence For Motion To Reopen.
Have Faith ,the System Works.
 
Thanks Kay kay

Can I file new 140 and use previous 485 it is allready done(only denied due to 140).
What is situation If I file new 140 and file appeal for previous denial and use previous 485.

My wife is on L2 and she has EAD based on 485 is invalid now. How can I change EAD from this category to L2 based EAD
 
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just realised that u are on eb1 visa,i presumed u were on L1A visa.i am not sure if the regulations are the same for the 2 classes,however i know that if u are onLl visa U CAN FILE APPEAL,HOWEVER MAKE SURE U HAVE CORRECTED OR NEW SUPPORTING EVIDENCE REGARDING YOUR DENIAL.YOU CAN ALSO FILE A NEW I140 PETITION.ONCE AGAIN PLS. RESEARCH IF THIS CAN BE DONE ON EB1.SINCE U HAVE TIME I SUGEST THAT ONCE U KNOW WHY U WERE DENIED, CORRECT THE NEW PETITION IF POSSIBLE OR RESTRUCTURE THE BUSINESS TO THE REQUIRED REGULATIONS.
U WILL NEED A BUSINESS SPECIALIST IMMIGRATION ATTORNEY.
GOOD LUCK
 
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