I-140 Denied, Is My 7th Ext Vaild ?

goofy3

Registered Users (C)
#1
Hi people,

My I-140, 485 is denied, in ability of employer to pay .
I want to know I am on a 7th year extension H1 which was based on the
current I-140/485. SO is my current H1 valid or I will have to leave usa.
I am applying to re open the case
please advise
thanks
 

Vasu Reddy

Registered Users (C)
#2
can you give me some more details . I mean LUDs before denied and exact RFE . I think you can stay ,if you appeal for MTR. Take help from United Nations.

Vasu
 

goofy3

Registered Users (C)
#3
My I-140/495 was denied a two week back, I work for a big company with around 200+ employees, 25 mil turnover. In RFE they wanted the financial statement of the company which was given but it was still denied from the california center although people who had applied from other centers like vermont got the GC, even from california many people were approved 2 months back. I am going to apply for MTR soon.
what is LDU ?
thanks
 
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kuoweiwang

Registered Users (C)
#4
LDU stands for latest update

Maybe there were too many people in your company applying for I140 at the same time. Thats my guess.
 

goofy3

Registered Users (C)
#6
I am in EB3. Do you know of any case here with the same situation. The reason I have doubt is you get 7th year extension based on GC, if that is denied then there is no valid reason, if it was within 6 years period it might be possibe. BUT I AM NOT SURE. Some concreate evidence will be helpful.
 

lohith

Registered Users (C)
#7
Ability To Pay -Promised by UN

goofy3 said:
My I-140/495 was denied a two week back, I work for a big company with around 200+ employees, 25 mil turnover. In RFE they wanted the financial statement of the company which was given but it was still denied from the california center although people who had applied from other centers like vermont got the GC, even from california many people were approved 2 months back. I am going to apply for MTR soon.
what is LDU ?
thanks
What actually matters for AbilityToPay is comapny's net current assets from your LC PD. california service center is on record doing aggregating(needed A2P amount) all filed 140s for that company, if approved 140s already ate up all the income, then it's denying remaing cases in pipe-line.

contact 'unitednations' with your W2s from GC sponsor and company's finance from your LC filing date, he is expert in AbilityTopay issues especially with CSC with aggragation issues.

http://boards.immigrationportal.com/showthread.php?t=137088
 

lohith

Registered Users (C)
#8
goofy3 said:
I am in EB3. Do you know of any case here with the same situation. The reason I have doubt is you get 7th year extension based on GC, if that is denied then there is no valid reason, if it was within 6 years period it might be possibe.
When you got Denial, you have only 33 das to file MTR/Appeal, so take some pain and act super fast. Once you have receipt for MTR/Appeal, you have to attach that to request 7+ yr ext on your H1.

OR
You wanna re-file 140 with new evidence, wait/get that receipt to file 7 yr ext.

Is this your own LC or Substitute? what's salary on LC and PD?
 

goofy3

Registered Users (C)
#9
I am going to file for MTR ia a week.
My current H1 is till jan 06. I hope in that case I can still use my current
H1, i dont have to apply for new h1.
My LC salary is 45k, I earn around 55k- 60k. PD - 2001.

How long does it takes to get the result from MTR?
 

lohith

Registered Users (C)
#10
goofy3 said:
How long does it takes to get the result from MTR?
There is no specific time line to adjudicate MTR. It takes 2 weeks to 6 months. There is a thread to deal with MTR issues, in vermont section.
 
#11
How come the deny out?

Hi, I don't understand why your case was denied. it seems that you was paid proffered wage.(My LC salary is 45k, I earn around 55k- 60k. PD - 2001). Your company has 200+ employees. Could you tell me what is the reason? I have same issure(ability to pay). My comapny has 100+ employee, but net imcome and net asset are negatives. Why the statement from the company doesn't work? Thanks for your reply.
 

goofy3

Registered Users (C)
#12
Check the link from lohith guy.. if the company sponsors more GC than his ability to pay then it is rejected... uscis are strict these days
 

compiler

Registered Users (C)
#13
goofy3 said:
I am going to file for MTR ia a week.
My current H1 is till jan 06. I hope in that case I can still use my current
H1, i dont have to apply for new h1.
My LC salary is 45k, I earn around 55k- 60k. PD - 2001.

How long does it takes to get the result from MTR?
Are you currently being paid more than the LC wage? Have you been paid 55-60K all the time since 2001 or only sometimes? BTW, you can continue working on your H-1B.
 

goofy3

Registered Users (C)
#14
Yeah I have always been paid more than 45k . I got approved labor in 2004.
the PD was on 2001. The uscis says my employer didnt had money in 2001(ie they didnt pay much taxes) to sponsor 10 GC so it is denied, they have approved 5 of them.

This is good to know that i can work till my H1 lasts.
 

lohith

Registered Users (C)
#15
goofy3 said:
Yeah I have always been paid more than 45k . I got approved labor in 2004.
the PD was on 2001. The uscis says my employer didnt had money in 2001(ie they didnt pay much taxes) to sponsor 10 GC so it is denied, they have approved 5 of them.
Is it a substitur labor? if yes, the employer can show wages paid to org beneficiary.

If not a sub LC, and you got paid > LC salary on/since 2001, why USCIS denied? what's your W2 amount in 2001 from 140 sponsor?
 

compiler

Registered Users (C)
#16
goofy3 said:
Yeah I have always been paid more than 45k . I got approved labor in 2004.
the PD was on 2001. The uscis says my employer didnt had money in 2001(ie they didnt pay much taxes) to sponsor 10 GC so it is denied, they have approved 5 of them.

This is good to know that i can work till my H1 lasts.
You should win the case if you can prove you have been paid more than LC PW all the time. Be sure to attach all your W-2s and all this year's pay stubs. I cannot image how the CIS kick you out if they have the proof in their hands. Of course, if you cannot provide the proof or do something beyond people thought such as pay the employer and then the employer pay back, that will be another thing.
 

goofy3

Registered Users (C)
#17
It was a subsitute labor, There profit for 2001 was very less and they sponsored too many people then what they were supposed to.

Does any one know any reliable comapny who could have approved labor ?

does approved labor work in perm process ?
 

lohith

Registered Users (C)
#18
Is your employer/owner willing to help?

goofy3 said:
It was a subsitute labor, There profit for 2001 was very less and they sponsored too many people then what they were supposed to.
If your GC employer willing to co-operate like providing company tax returns(Y01,02,03,04), orig. beneficiary w2s if any, #140s appoved with LC PD of 2001, etc.. then you have ways to get around with A2P issues.

Once you can able to get those critical financial docs from the owner, you can get them evaluated(to see potential) with CPA with A2P skills. For me, unitednations took lot of pain to workout A2P amounts from company tax returns and to convince owner for amendments. It's up-hill battle, but the effort definitely pays-off !! :)

For me it took 2+ months to get all Tax returns from my owner since most of the times, employer/owner not willing to share finances with employees. At the same time, owner hate to loose 'revenue generating' employees too. ;)
 

compiler

Registered Users (C)
#19
It does not matter 2001 but 2005 and the time of adjudication of your I-485 and thereafter. Try to attach the company payroll statement as an additional proof that your company has no problems to pay the employees all the time.
 

VINUGUPTA94

Registered Users (C)
#20
There Is Another Way

Your 7th Year extension is valid till January :)
Next thing, if not MTR, you can find out labor filed in 2004 and refile your 140. This would give you more time and extension also.
I know people you have done this successfully.
 
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