I-140 denied ability to pay

[bennino]

My I-140 was denied for co. ability to pay although they have gross sales over 1.5m. I was Labor Certified last year and went for the I-140 this year. I will put in an appeal with the 2007 tax return of my co. Sending I290B. My lawyer said the fee for this is $585. What are my chances of getting approved and then going for I485? How long does I290B take? I have been waiting for 11 years now to get to this point.

Thanks-

 

[nscagony]

Appeals are almost always denied and you can't file another I-140 while the appeal is pending. Many people just file a new I-140.

 

[bennino]

I140 denied

How can I re-apply with a new I140. WOuld not the info be the same or should I submit the new info I am sending in the new I-140 as a new package?

 

[m_img]

My I-140 was denied for co. ability to pay although they have gross sales over 1.5m. I was Labor Certified last year and went for the I-140 this year. I will put in an appeal with the 2007 tax return of my co. Sending I290B. My lawyer said the fee for this is $585. What are my chances of getting approved and then going for I485? How long does I290B take? I have been waiting for 11 years now to get to this point.

Thanks-

You mentioned in Gross sales... what are the profits? 2008, 2007, 2006 etc....

Are you being paid proferred wages as mentioned in the LC...

Also, how long you been employed by this employer.... and were you paid proferred wages all along???

 

[bennino]

re: answer

I was paid a regular wage for this owner since 2001 until now. They did move locations in the meantime, but I am still with the same owner. There were profits except for 1 year of loss where the construction cost of the new place was taken into account but I don't think the INS understood that. I think my problem is there. What do you think? I am labor certified.