I-140 Denied & Appealed, can file I-140 again ?

[Yuvan]

Hi,

My I-140(EB2) got denied on "Ability to Pay" and we appealed it in Mar'05. Got the 7th year H1 extn based on the appeal which is valid till July 2006.
At the time of filing I-140 the employer was paying little less than the wage mentioned on the approved labor. But just 2 months before the I-140 denial the employer started paying little more than the approved labor wage. So we used those pay slips as proof while filing the appeal.

My question is, whether we can file a new I-140(while the previous I-140 appeal is going on) thru the same employer using the same approved labor ?. Can we this time while filing the I-140 itself can show the proof that the wage mentioned on the approved labor is already being paid ?.
Or do we have an option only to file a new labor and then I-140 ?.

Thanks in advance for your guidance and advice.
(Additionally if unitedNations help is available that would be great).

Yuvan.

 

[Yuvan]

That's a quick & fast reply. Thankyou so much for your suggestions,
unitednations. I will talk to my employer about re-filing I-140 with the
necessary documents (other than the payslip).
Actually I should have mentioned about others details also(related to I-140) on
my previous posting but some how missed it. When my I-140 was filed last year
April, my employer was having only one employee(that's me). But currently there
are 5 employees in the company. Also the company's last year gross income was
224,000 and the net income was 21,000. So will any of these suitations
prevent/discourage the re-filing of I-140 ?.

Even though the last I-140 (that currently in appeal) was on EB-2, can the new
re-file of I-140 be on EB3 ?...or should it be only on EB2 since we are planning
to use the same already approved labor ?.

Also can I have the dedicated thread link of Unitednations, that has the
"proffered wage calculation starting from the labor filing date". I remember
reading it sometime back in this forum but not able to locate it now.

Thanks again.
Yuvan.

 

[Yuvan]

Thanks much for your reply.
I found your "Ability to Pay" Sticky.(http://www.immigrationportal.com/showthread.php?t=137088)
I felt it easy to understand. Based on that, I am coming to the conclusion as below. Correct me if I am wrong.

My Priority date is Dec'02. So there is 2003 & 2004 in between.(My employer is paying more than the proffered wage from Jan'05). During 2003 and 2004 my pay was 60K but the wage mentioned on the approved labor is 64K. The difference is 4K. So if the company's Net Income on 2003 & 2004 is more than 4K (I am the only employee of the company during that period), then is it easy to prove the "Ability to Pay" ?. If that income reflects on the company's tax return, is that enough return is while re-filing I-140 or still the company has to amend their tax returns ?.

One more question. If we are finally re-filing the I-140, I am not planning to concurrently file I-485. I thought of waiting for the I-140 to get approved and then file I-485 (Since we have the H1B back-up till July 06). Is this idea ok ?. If we use the same approved labor for this I-140 re-filing, will the same Priority Date(Dec'02) can be retained ?.

Thanks in Advance.

Yuvan.

 

[smkr999]

Unitednations

The thread is a "sticky" in the vermont I-140 forum.

It would be better for you to file in eb2. EB3 is retrogressed.

Gross revenues, don't mean anything for ability to pay.

I've worked on cases where company was traded on NASDAQ, another with $20 million in revenue which was denied.

I've also seen companies that had $12K and $60K revenue which were approved after RFE.

USCIS doesn't think, they just stick to a checklist; no matter how big the revenue, the case gets denied or approved on very specific criteria that you will see in the ability to pay thread.

Hi UN
Please help me out

Ihave same problem like yuvn, my I-140 deniel and Appeal and no reply
my lawyer said he is planning to apply with clear whole documents for I-140
only after approval then I-485 + all.
How is this idea, is it okay
once again please give your suggestion & opinion......

thsnks
smkr