I-140 Denied because of using PEO (professional employer organization)

[iamgary]

Hello Gurus,

My I-140 petition has been denied as our employer uses PEO (Professional Employer Organization) like ADP for processing payroll and benefits to the employees. My I-140 has been denied with a logic why name of PEO is appearing in the W2 instead of Primary Employer.

Shall appreciate your feed-back if anybody has faced similar situation and I need the suggestions and advise how to handle this issue.

 

[whitemimauz3]

that's strange, were an RFE was raised before denial so as to provide an explanation to this, file MTR and provide strong supporting documentation

 

[iamgary]

Nebraska Service Center I-140

Unfortunately, they sent earlier RFE regarding Ability to Pay. All the relevant documents provided. Now they say that in W2, the name of the PEO company is mentioned and there is no documents provided in regard to the relationship with my employer and PEO. Based on this, they denied the petition.

I am in the process of filing the appeal with necessary documents.

But can you suggest what are the necessary documents should be filed.

Thanks for your response.

 

[wwf]

You'll need to show that even though the PEO is the employer of record, the actual employer-employee relationship lies between the company you work at and yourself. In other words, you need to show that the PEO does not exercise any control over your work, and that your company has sole authority to hire, pay, fire, supervise, or otherwise control your work.

Evidence may include--
--The Agreement between the PEO and your company.
--Employer-Employee Agreement and/or Job Offer Letter between your company and yourself.
--Maybe the state quarterly wage reports, if they distinguish between the PEO and your company.

 

[iamgary]

Got an update "The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending..."

I filed a MTR and just got an update online stating as follows :

The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office...

My question is do you have any experience how long it takes to even open the file.

 

[atulh]

I filed a MTR and just got an update online stating as follows :

The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office...

My question is do you have any experience how long it takes to even open the file.

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I am not a lawyer, so do check with with lawyer to confirm this.

It means that Appeals office does not agree with the denial and has moved the case back to the processing office to reaccess your case. They might send you an RFE for additional documents to process your case. It cna be anywhere between 3 - 6 months period.

Good Luck !

 

[iamgary]

Current Status: This case is now pending at the office to which it was transferred

Thanks Atulh for your opinion. However, here is the online message :

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status: This case is now pending at the office to which it was transferred.

The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

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some people are saying that it has been referred to AAO in which case this will take at least 15/18 months.

Can you or anybody confirm whether it has been sent to AAO.

Thanks for your valued comments.

 

[jimra]

@iamgary, how did you manage to post your position to the California EDD for your PERM? My company uses a PEO too, but it is causing me problems before I even get to my I-140. California won't let my company post to caljobs. How'd you do it?