I-140 denied (ATP), urgent help please

S

sunnyz54321

Registered Users (C)
Hi,
My I-140 just got denied.
PD Nov 2003,
Labor cleared Sep 2006.
Got RFE on I-140 on Ability to Pay.
Company did not submit any of the 3 docs needed for initial evidence and they did not do it even for RFE.
Company had losses in last 3 years as per tax returns.

Please advise. Talked to my atttorney and he says MTR and with the tax return docs, we should be OK. Else appeal.
Can somebody please advise on what additional docs can help me come out of this,. Did anybody who had company in losses and still was able to come out of this. If so, what to show to prove company can pay. Urgent help is needed pls... :confused:
Thanks in adv,
Sunny,
CA.
 
1. Were you being salary mentioned on LC?
2. Does your company have enough assets to prove A2P?
3. Are you using your own lawyer (Not related to company)? If not, change lawyer NOW.

MTR will take over 17 months. No point going this route.
Refile I-140 with proper documents through another lawyer.
 
Dear Friend,
Thanks a lot for trying to help me.Please find my answers below:

Were you being salary mentioned on LC? No, I was paid 20% less than mentioned in LC in the 1st year of GC filing, 15% less in 2nd year and 10% less in 3rd year after PD.
Currently being paid exactly as mentioned in LC for last 9 months.

2. Does your company have enough assets to prove A2P?
I think so, as per the new attorney.
3. Are you using your own lawyer (Not related to company)? If not, change lawyer NOW.
I did that and good that you too feel the same. The new attorney is from a well reputed firm and I felt like he will not take the case if he did not see a chance. I had a very good impression on him and he looked at the tax returns and said assets are in good shape and the case isnt bad.

MTR will take over 17 months. No point going this route.
Will I get H1 B extension based on MTR.
Refile I-140 with proper documents through another lawyer.
I am currently on 8th year, can I just file 140 again just using LC.
 
Yes, you can get extension based on MTR.
Yes, you can file 140 again using old LC until January 12 2008.
 
sunnyz54321 said:
2. Does your company have enough assets to prove A2P?
I think so, as per the new attorney.
Click to expand...

This is not good enough. You will need statements from Auditor. I am not sure how this works. A poster on this forum who used to go by the name of UnitedNations seems to be helping with this. Just the attorney saying he will get you through will not help. Is it a desi attorney?

sunnyz54321 said:
MTR will take over 17 months. No point going this route.
Will I get H1 B extension based on MTR.
Refile I-140 with proper documents through another lawyer.
I am currently on 8th year, can I just file 140 again just using LC.
Click to expand...
Yes, you will get extension based on MTR, but that will take over 17 months and your case will get denied. So why waste time on that? Do not fall for the MTR trap. I did and wasted couple of months (asked the lawyer to witdraw the MTR/appeal), then refiled the case.

Refile the I-140 with proper documentation for A2P. H1B can be extended based on filing of I-140 (refiling).

Any mistake you make at this stage will cost you couple of months of delay/pain. Proceed wisely.
 
Hi sunnyz54321,
I also got an RFE for ATP from USCIS and the companies financial position were in the same situation as you mentioned on your post. When I called around looking for a certified cpa through the local law offices, couple of the law firms referred me to this specific certified cpa they used in the past.
If you're located on the Dallas vicinity, there is this certified cpa/mba by the name of Robert W. Alcorn who did the RFE write-up for my lawyer. You can do a search on the google as well. He is a very informative person to work with and he is very familiar with the RFE requirements of USCIS. He might want to look at the financial statements before he can tell you whether he can help you or not. His phone number is 972-724-0325 and cell number is 972-839-0962. Hope this helps you out and everything works out for you. Good luck.
 
Dear All,

Thanks a lot for the information. I will get back to you on the latest moves.
The attorney is not a desi guy. He is from one of a very well reputed immigration firm and none of their attorneys are desis.

Thanks,
Sunny.
 
Check the thread under I-140 of NRP_NRP .............. 1-140 RFE "Ability To Pay" NEED HELP/ADVICE
 
His I-140 is DENIED. He did not get an RFE like in your case.

So best option for him is to re-file I-140. This time, can use all the documents which you have listed.
 
All,

Can you please suggest any recommended documents to show ability. We do have our list, but sometimes its possible a key document which is not usually used may have helped some overcome this pain,
Thanks,
Sunny,
 
From Nrp_nrp's post:

nrp_nrp said:
Response to I-140 RFE was received by Nebraska on July 24th and was approved the next day on July 25th. I had used the article titled
" Strengthening I-140 Ability to Pay" which had appeared in the Immigration daily as a reference to prepare the documents besides my attorneys covering letter;
Here's what we submitted;
1. Cover letter from CFO confirming employee headcount of over 100 employees and salaries & wage bill during the years from the year labor was filed to current year.
2. Letter from CEO/President giving company background, sales, financials, current & future plans etc. demonstarting ability to pay.
3. Letter from CPA (with Audited Financials & confirming ability to pay)
4. Cover Letter from the payroll company along with summary statements for all quarters and all years of the 940/941, State Taxes and the yearly employee rooster
5. Bank Statements for all years (monthly)
6. Photographs of the company's facilities
7. Testimonials, certificates, awards received by the company
8. Press coverage on the company
9. Attorneys cover letter siting some case juddgements
10.W-2's for all years in question
Hope it helps someone in a similar situation as I was..........Good Luck!!!!!!
Click to expand...

Enjoy ;)
 
Dear Friends,

We have submitted the MTR about a couple of weeks and there is no update as of now (I guess thats normal). The USCIS case status still shows my current status as "Received information for RFE on " Sep date" and we have resumed processing". Is this normal or is it not expected to show denied status. Is it some kind of good news.
The Denial notice says "Denied without prejudice".
Thanks,
Sunnyz.
 
Dear Worrieddude,

The denial letter from the USCIS says "An appeal may be made to the AAO using the enclosed form 290B". I am not sure if the attorney used that form and cannot ask him as he is a very senior attnorney.
The conclusion also says "Denied without prejudice" and that we may apply for one more I-140. Not sure if this information helps you in getting some clues,
Thanks,
Sunnyz.
 
WorriedDude
Also the entire package from Attorney 1 was sent to Attorney 2 and I didnt have access to that informaiton or documents.
Thanks,
Sunnyz
 
Get the correct information. This is your case for crying out loud, and you do not know what is being done?

I am trying to help you out here and you are talking about attorney1 / 2 etc, without getting to know what these attorney's are doing to your case. You need to start talking to those fellows.

You seem to be making the same mistakes I did. You are loosing time and money.

BTW, your case has gone into the AAO black hole (filing I-290B). This case will take about 17 months + to get a result. Most of the times it is denied. You did not mention anything about this I-290, in your first post. This is important information.

Best thing to do in such a case is to withdraw the appeal, and re-file I-140 with new supporting documentation.

All the best.
 
Last edited by a moderator:
Dear WorriedDude,

I am sending an email to the attorney to get some more informaiton.
I have seen the rough draft of the lawyer's case and it says very clearly MTR and doesnt say appeal at any place. When I talked to him he said "We will do MTR first and if that fails, then we do the appeal".
I am currently hoping somehting changes in the next 1.5 months with the MTR and in case none, then will go with new I-140 to save the PD. Please let me know what do you think. That will give a chance to revive my EAD and other stuff that could be filed in July, and if not, then atleast with a new I-140, the PD can be preserved and with much better documentation,
Thanks,
Sunny.
 
Dear Worrried dude.,

The attorney says they did the MTR and the form is same 290B to be used.
I called INS also and they say they there is no separate category as MTR and Appeal and both are treated nearly the same way when data-entry.
My i-140 case now shows status as "Decision mailed" whereas until last week it did not show any change in status ever since the RFE was sent.
MTR shows status as "received and penidng".,

I will keep you all posted,
Thanks,
Sunny.
 
DEAR ALL,

Here is a good news. My I-140 got approved.

My sincere thanks to all.

WorriedDude,
Thank you very much. The attorney accepted a couple of documents from your list and evein in his petition, he could incorporate a lots of content based on other docuiments you listed. I think you can imagine how I am feeling today. I was facing hell for the last 3-4 months ever since the RFE was issued. In my case the documents submitted previous can be considered useless as the right documents were not submitted atall.

I will be checking this thread often now and will try to help anybody who needs similar help in this type of case or any other, if I know as I could pick up some knowledge in the experience.
My special thanks to my attorney (the new one) . I wish I can name him here, but I am not supposed to as this forum belongs to a different law firm and I shouldnt glorify other firms here.
But in case I didnt go to that attorney, I would have probably come to immigration.com's attorneys or someone as big as I was particularly looking for some big firm, a firm that has experience in dealing cases like this. Had the documentation been properly taken care of in the 1st place, I wouldnt have needed to look around.

My experience is look for a really big firm, get convinced when we personally talk to the attorney and see how thorough and sincere he appears in dealing the specific case. I was ok to spend $300-500 to talk to someone for an hr.
I wish nobody falls into this mess again. Make sure we provide whatever is needed in the 1st place in any type of case and then anything additional using our creativity will always help,

Thanks you all very much I wish you all the best.

Thanks,
Sunny.
 
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