I-140/ 7th year rejected - Ability to Pay - Help

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bhujandar

Registered Users (C)
My I-140 got rejected after MTR. I am in my 7th year and my H1 expires Nov 2007, I have filed for H1 Renewal for extension till Nov 2008. Please help me to find what are my options. Thanks to everyone in advance.

Here is the timeline

July 2003 - PD
July 2006 - 7th Year H1B Approved
Sep 2006 - Labor Approval
Dec 2006 - I-140 EB3 filed
May 2007 - RFE for I-140
July 2007 - I-485 Applied for EB3
Aug 2007 - I-140 rejected because my Lawyer responded on the day the I-140 was due.
Aug 2007 - Filed "Motion To Reopen" I-140
Aug 2007 - H1B Renewal for 8th year applied
Sep 2007 - Motion To Reopen approved, but I-140 rejected on ability to pay
Nov 2007 - H1B Expires
 
My employer has been profitable and has around 10 employees. Will an appeal make me eligible to extend my H1B?
 
You already had your H-1B extended, yes an appeal will help you to preserve status. Were there any other rejections (on the same ground) from your company within the year? If not, an appeal may help.
 
My H1B extension has been filed and I should know the result within a week. Will filing an appeal help me to preserve my status? Mine is the first I-140 denial for my employer. He has many approvals in the past year with the same kind of financial status.

What happens if my H1B gets approved and I do no file for an appeal? Will I go out of status?

Thanks a lot for your replies.
 
Just got the news that my H1B has been approved, till Nov 2008. I met another attorney who told me that the appeal process is a long one. How long does it usually take?

Amongst all confusion, I just received this email. Any ideas why I got this eventhough they denied my I-140 was denied after MTR on September 21 2007.

===========
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: Response to request for evidence received, and case processing has resumed.

On October 2, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you.
===========


thanks again to worrieddude and manwithnoname.
 
Do not file appeal. This will take over 17 months.

Change your lawyer (select your own lawyer, company lawyers are up to no good, they eat money and do not do things in your best interest). I learnt this the hard way. Look at my signature. I have filed I-140 3 times with one lawyer. The RFE I got was for ability to pay. The company I work for has over 200+ employees, showing profit, then I should not have received this right? Wrong, Lawyer ensured that this happened. So change the lawyer. It will cost you more money, I have spent over 5000 from my pocket for new lawyer, but the reduced time and no RFE is definitely worth it.

Do not believe everything the lawyer tells you (even though you may be paying the money). They are trained to tell lies, by the employer.

After changing lawyer. File I-140 again, ensure that the ability to pay issue is addressed correctly, by new lawyer.
 
Yes, the H1B is valid. You will want to ensure that the I-140 gets approved. Otherwise you are back to square one and will need to start all over again.
That is why I am recommending to select a good immigration attorney to handle your case.
 
Thanks again. I will start finding another attorney to refile my 140. I really appreciate your help.

God Bless.
 
As a word of caution, do not randomly select an attorney, ask a few questions regarding your case,see how they respond. Contact a few, then you will get a good feel of how the case will be handled.

Let me know if you face any issues.

All the best.
 
Your attorney?

Can you share which attorney got your I-140 cleared?.

worrieddude said:
As a word of caution, do not randomly select an attorney, ask a few questions regarding your case,see how they respond. Contact a few, then you will get a good feel of how the case will be handled.

Let me know if you face any issues.

All the best.
Click to expand...
 
The I-140 was cleared by the same attorney who messed it up in the first place. I was stupid and kept trusting him, hoping that he would do a good job. This was a New York/ NJ attorney. It took over 2 years and 2 I-140 filings, one appeal, one RFE on A2P (My employer has over 200 employees, very profitable). I was paying the attorney, this does not really matter. As long as the attorney is from the employer or paid by employer, the case is bound to be delayed/messed up. The other possibility is that the attorney is just not good.

Eventually I came to my senses and changed attorney. Better pay more money now and get GC faster rather than keep giving percentage of salary to employer for a long time.

I contacted a couple of attorney's and sent them my case details, asking for advice on how to proceed.

- A few responded, pay money first which will be refunded on using that firm. These are to be avoided.

- A few responded with generic response without even paying attention to the case.
Avoid these.

- A rare exception. Attorney takes time out, responds point wise to the issue being faced (without charging any money for responding to email). This may take time to find, but the time spent is worth it.
Select this one. It may cost more, but the eventual no RFE, or issues with GC processing will pay very quickly.
 
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