I-140 Denied Ability To Pay - Need Help!

Discussion in 'Texas Service Center I-140' started by starvalue, Jan 25, 2008.

  1. starvalue

    starvalue Registered Users (C)

    Priority Date: 06/09/2003 (GA)
    Proffered wage: $ 70,000
    I-140 Receipt date: 03/30/07
    RFE: 09/14/07 Ability To Pay
    RFE Reply received: 12/11/2007
    I-140 Denial: 01/09/2008

    My company was showing big losses in all these years. Denial letter shows that the company had the following reported assets

    2003: 75,631.00
    2004: 57,394.00
    2005: 34,170.00
    2006: (5,401.00)
    Denial letter says: Based on the above, petitioner did not have the ability to pay based upon the net assets for 2004 to 2006.

    I didn't have enough income to show in my W2 to prove the ability.

    2004: 20,000.00
    2005: 22,000.00
    2006: 62,000.00
    Denial letter says: The evidence indicates the petitioner did not pay the wages offered from 2004 to 2006.

    My attorney didn't show my 2007 income in the RFE reply. I made $72,000 in 2007.

    Yates Memo says I-140 can be approved in any of the following circumstances.

    (1) Net income
    The initial evidence reflects that the petitioner's net income is equal to or greater than the
    proffered wage.
    (2) Net current assets
    The initial evidence reflects that the petitioner's net current assets are equal to or greater
    than the proffered wage.
    (3) Employment of the beneficiary
    The record contains credible verifiable evidence that the petitioner not only is employing
    the beneficiary but also has paid or currently is paying the proffered wage.

    I am on 8th year H1B with the same company. Is 3rd circumstance applicable in my case? If not is there any way around to get my I-140 cleared if I go for an appeal?

    Please advice. Thank you all in advance for your help.
     
  2. greencard517

    greencard517 New Member

    140 denied after RFE on Ability2Pay

    Hi All,
    My 140 got denied based on Ability to Pay, I am planning on Filing MTR. Can you please guide me on how to proceed as I heard that you are genious handling these type of cases.
    my 485 also got filed (aug 07) and got EADs and APs for me, wife and my kid.
    Mine was Substitution labour, filed 140 in may2007, got an RFE on dec31,2007 on company financials, RFE was reply replied 31 Jan 2008 and it got denied based on Ability to Pay.

    I dont know what to do and I am totally frustrated.
    My company is financially strong and have 100 + employees.
    Please guide me as I have only 15 more days to respond.

    Appreciate your response in this regard
    thanks
     
  3. mgc2me

    mgc2me Registered Users (C)

    Assuming that you are employed with the petitioner since 2003 till now, your W2 wages donot show more than the proffered wage for the whole period. I guess that they look for the period since the priority date till you get the adjustment of status that you comply with atleast one of the options that you highlighted below.

    But they also consider other factors of strong finances of petitioner from future employment even if your wages are less previously but that case has to be put forward very professionaly and clearly. I would suggest to consult a good lawyer and try to figure out where you can put best figures.
     
  4. mgc2me

    mgc2me Registered Users (C)

    Hi greencard517,

    Can you provide more details about your case and RFE and also what was included in the Response. As highlighted in the post above, there are three basic deciding factors and if you can prove even one of them, chances are you should get approval. They are
    (1) Net income - The initial evidence reflects that the petitioner's net income is equal to or greater than the
    proffered wage.
    (2) Net current assets - The initial evidence reflects that the petitioner's net current assets are equal to or greater
    than the proffered wage.
    (3) Currently employment of the beneficiary with petitioner - The record contains credible verifiable evidence that the petitioner not only is employing
    the beneficiary but also has paid or currently is paying the proffered wage.

    Also tells us whether you are currently employed ? what is your proffered wage? what is net income of company ? priority dates, rfe dates etc.. basically as much info as you can.. There are many knowledgeable people in the forum and although no one can be fully expert but can atleast give basis on their experience..
     
  5. starvalue

    starvalue Registered Users (C)

    Thank you mgc2me,

    My attorney was not at all professional. I had asked him even before filing I-140 whether I will have any problem if I continue with my case. There were pre-approved labors available at that time. Attorney told me "this is not the worst case we have ever handled, we will do what ever is necessary when the situation comes". I trusted him and didn’t go for an alternative. After the I-140 denial he told me “sorry we have nothing more to do from our side”. I got angry and asked him “why didn’t you tell this when I asked you about a labor substitution?” He didn’t answer my question he said bye and hung up the phone.

    I contacted couple of other famous attorneys but I found none of them were knowledgeable enough to handle a case that was simply not a fill in the blanks. I lost nearly $1000 for consultation fee alone. So I decided to appeal without the help of an attorney and filed an MTR on Feb 09, 2008 (attachment 2007 w2 for $72,000). I haven’t received any receipt notification yet. I am trying to buy some more time to extend my H1B for one more year. Meanwhile I started a new labor process through another company.
     
  6. pinky8

    pinky8 New Member

    Always Pay more taxes as shown in labor

    Always pay more taxes as show in your labor cert prevailing wages from the date of labor filed it can be slightly more for your safe side.
     
  7. bert1245

    bert1245 New Member

    Re : I-140 Denied Ability To Pay - Need Help!

    The probability of success depends not only on what fiscal entropy, the company can now render but also on what was already acceded. If you can document all the financial asset of the company including the personal asset of the proprietor. If it is a small-scale company, opportunities are very high.
    ----------------------
    Bert

    debt consolidation
     
  8. starvalue

    starvalue Registered Users (C)

    ------------------------------------------------------------------------------------
    Its a long time since I visited this forum. After renewing my H1 citing the appeal receipt number, I did abandon my old company and their petition. I joined another company and they filed a new petition in EB2 category and it got approved without any hiccups. Subsequently my 485 got approved and I received my green card few years ago. In my opinion most of the immigration problems could have been avoided if the attorneys were ready (knowledgeable too) to verify the financials of the petitioner and the educational qualifications of the beneficiary before they start the filing process.
     

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