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

GC_GoneCase

Registered Users (C)
#41
unitednations - please provide your opinion

Hi unitednations,

From the document attached by you, if 140 is approved and 485 is pending for more than 180 days, if the 140 is revoked by USCIS like in above case, can someone file AC21 and show evidence of new job with similar / same skills with a new company.

As you have said earlier, USCIS may add the number of petitions and decide to deny once the ability to limit of petitioner is exceeded. However, in such case, those approved , would still fall within the limit of ability to pay and should remain valid.

In such a case, AC21 may be of help to the beneficiary.

I am getting worried if my 140 approval was from same company, not sure at this time as I do not know name of the company.

Your expert openion would be of great help.

Thanks.


unitednations said:
 

lohith

Registered Users (C)
#42
GC_GoneCase said:
In such a case, AC21 may be of help to the beneficiary.
Here, USCIS is acting/revoking directly without intervention of 140 sponsor. So, 140 sponsor should respond/appeal the petition. AC-21 protects you from revokation from 140 sponsor only, not from USCIS.

GC_GoneCase said:
I am getting worried if my 140 approval was from same company, not sure at this time as I do not know name of the company.
company name mentioned in prior posts indirectly and also mercurynews link. Any way, these denials and prior pdf are from CSC only. And same company's 140s approved from diffrent service centers at the same time.

So, if your 140 is from CSC and same company, then you can start worrying. Otherwise, you are just doing fine.

Again, it's mentiones lot of times that, California Service Center (CSC) is the toughest and high tech. CSC's logistics/policies are harsh.
 

GC_GoneCase

Registered Users (C)
#43
My approval is from CSC only, so there may be reason to worry.




lohith said:
Here, USCIS is acting/revoking directly without intervention of 140 sponsor. So, 140 sponsor should respond/appeal the petition. AC-21 protects you from revokation from 140 sponsor only, not from USCIS.



company name mentioned in prior posts indirectly and also mercurynews link. Any way, these denials and prior pdf are from CSC only. And same company's 140s approved from diffrent service centers at the same time.

So, if your 140 is from CSC and same company, then you can start worrying. Otherwise, you are just doing fine.

Again, it's mentiones lot of times that, California Service Center (CSC) is the toughest and high tech. CSC's logistics/policies are harsh.
 

dabu

Registered Users (C)
#44
NSC is fine for this company?

lohith said:
So, if your 140 is from CSC and same company, then you can start worrying. Otherwise, you are just doing fine. Again, it's mentiones lot of times that, California Service Center (CSC) is the toughest and high tech. CSC's logistics/policies are harsh.
lohith,

I am going to file my I140/I485 with this company to NSC. Are you sure NSC approved this company? Is that because NSC is looser or the applications to NSC for this company are much fewer? Too bad that NSC is much slower than CSC.
 

lohith

Registered Users (C)
#45
dabu said:
lohith,

I am going to file my I140/I485 with this company to NSC. Are you sure NSC approved this company? Is that because NSC is looser or the applications to NSC for this company are much fewer? Too bad that NSC is much slower than CSC.
Again, be careful with 'Substitute LC' by its nature and with this comapny. As UN mentioned earlier Head of CSC transferred to NSC in Jan'05 who is trying to make NSC more harsh like CSC.

You better calculate the risk on your personal situation basis and should prepare to face denial as not shock/surprise in unfortunate situation since you are well/better informed before hand.
 

dabu

Registered Users (C)
#46
lohith said:
Again, be careful with 'Substitute LC' by its nature and with this comapny. As UN mentioned earlier Head of CSC transferred to NSC in Jan'05 who is trying to make NSC more harsh like CSC.
I am fully aware of that so I am preparing to jump the boat if necessary. My LC is not sub LC. It's mine. Should it be easier and safer?

As you mentioned before, you think SC other than CSC should do fine. Does that mean Owned LC + NSC (or VSC) should be OK?

Can someone with this company and filing 140 on NSC testify that he did get approved recently?
 

GC_GoneCase

Registered Users (C)
#47
unitednations - should I use Ac21 now?

Thanks unitednations,

Now once I may be in it, I feel uneasy about what should be the course of action and am also pondering is it the time to act now.

You have said - USCIS takes the stance that the original petitioner has to meet the I-140 standard until you use ac21 - As there is nothing at this time that USCIS would revoke approved cases, it is just in case scenario - If I use AC21 now, would it be of some help. In that case, before 140 is revoked by USCIS(If that happens at all), the fact that AC21 is used, will that take me out of this mess.

Where I am getting concerned is that if GC was approved, revoking may be bigger issue as no AC21 can be used at that time.

I am also presuming that the cases approved before have met the conditions of ability to pay per financial statements of the company and it is only further approvals that probably have to do more work in terms of financial ability. I may be wrong here also.

I think, many people filed a lot of cases of EB3 before year end to bypass the retrogression. That might be an issue causing a lot of pending GC with the companies. No one probably thought of the ability to pay at that time.

unitednations -

Please advise what should be my course of action. Should I use Ac21 now or wait.? Job for Ac21 is no issue with me.

Thanks a lot in advance





unitednations said:
I don't want panic to set in.
It is uscis procedure that when they go to adjudicate the 485, they re-look at the I-140. I know of a few cases where the 140 got revoked by uscis (education issues not ability to pay).

With regards to ac21 as a possible escape route; I don't know if that would work. USCIS takes the stance that the original petitioner has to meet the I-140 standard until you use ac21. If uscis thought they didn't meet the standard even after they approved it, I don't think ac21 could save you.
 

lohith

Registered Users (C)
#48
dabu said:
My LC is not sub LC. It's mine. Should it be easier and safer?
Is it for future GC? if yes, and joined after filing LC, there's problem.

Are you working for this company since you filed LC? if yes, check this and you can predict your self.

If you see there is a 'ability to pay' directly from your w2s of this company since your PD of LC to as of now not depending on company's finances, means, if your w2s (speak it self) support directly LC wages , then you definitely get approval.

W2 for each year since LC's PD >= LC salary ====> Approval :)
 

GC_GoneCase

Registered Users (C)
#49
unitednations / Lohith---Please suggest

Mine is future GC, never wokred for the sponsorer.

The LC wages are min 92K, I always got >125 K from other employers.

No bench, always paid, all W2, salary slips available to support.

Lohith -

What do you think in this case?

unitednations - My earlier question - Should I use Ac21 now? I hope I am not panicking but trying to plan and act for just in case scenario.

Thanks guys.


lohith said:
Is it for future GC? if yes, and joined after filing LC, there's problem.

Are you working for this company since you filed LC? if yes, check this and you can predict your self.

If you see there is a 'ability to pay' directly from your w2s of this company since your PD of LC to as of now not depending on company's finances, means, if your w2s (speak it self) support directly LC wages , then you definitely get approval.

W2 for each year since LC's PD >= LC salary ====> Approval :)
 

lohith

Registered Users (C)
#50
GC_GoneCase said:
Mine is future GC, never wokred for the sponsorer.

The LC wages are min 92K, I always got >125 K from other employers.
W2s MUST BE FROM GC SPONSOR ONLY MATTERS
See UN' thread.


Should I use Ac21 now? I hope I am not panicking but trying to plan and act for just in case scenario.
Your's is already APPROVED by deducting A2P amounts from company's tax returns. Basically, APPROVED cases ate up all company's income, so, USCIS denying pending 140s from pipe-line.

I dont see any risk involved in your approved case. Re-reviewing 140s at 485 stage is rare/remote probability. Well, keep all AC-21 stuff ready, do some reseach on proactive ac-21 filing in CSC whether CSC acknowledging/not mis-placing/not-asking again to prove, just in case if you want to be super-safe.
 

GC_GoneCase

Registered Users (C)
#51
Thanks Lohith,

That helps me a lot. I can do AC21, that would be no issue. However, I was just thinking of the timing.
My concern was that AC21 should not delay the 485 approval. Now, due to this changed scenario, I think AC 21 may be better options.

Can I send you a personal mail to explain the situation so that you would understand my position better and can provide your openion?

Thanks


lohith said:
W2s MUST BE FROM GC SPONSOR ONLY MATTERS
See UN' thread.


Your's is already APPROVED by deducting A2P amounts from company's tax returns. Basically, APPROVED cases ate up all company's income, so, USCIS denying pending 140s from pipe-line.

I dont see any risk involved in your approved case. Re-reviewing 140s at 485 stage is rare/remote probability. Well, keep all AC-21 stuff ready, do some reseach on proactive ac-21 filing in CSC whether CSC acknowledging/not mis-placing/not-asking again to prove, just in case if you want to be super-safe.
 

lohith

Registered Users (C)
#52
GC_GoneCase said:
Can I send you a personal mail to explain the situation so that you would understand my position better and can provide your openion?

Thanks
You will get better answers if you post on boards from Gurus like UN and other folks who are in same situation.
 

GC_GoneCase

Registered Users (C)
#53
Thanks Lohith,

I myself always like to put it on the board as it not only gets more responses from experts but also helps others in similar situations.

Somehow, I have few details which I cannot make public due to personal reasons.

Never mind, I would still try to compile in a fashion that can be shared with all. let see if that gets the right message across.

Thanks.

lohith said:
You will get better answers if you post on boards from Gurus like UN and other folks who are in same situation.
 

dabu

Registered Users (C)
#54
Only Sub-LCs and CSC are effected?

lohith said:
Is it for future GC? if yes, and joined after filing LC, there's problem.

Are you working for this company since you filed LC? if yes, check this and you can predict your self.

If you see there is a 'ability to pay' directly from your w2s of this company since your PD of LC to as of now not depending on company's finances, means, if your w2s (speak it self) support directly LC wages , then you definitely get approval.

W2 for each year since LC's PD >= LC salary ====> Approval :)
Thanks so much, lohith!
Well, I am a newbie. So let me explain my case. Please help me judge if it is what you mentioned.

1. Currently working for this company as a full-time employee since I filed LC.
2. PD: 11/2003; LC is mine.
3. Company always paid me from the date I was hired and payments were totally based on my earnings from the client. Company gained commissions from my client's payments. Is it so called "from my W2s of this company"?
4. LC's PD >= LC Salary? That I don't know. Should I check the wage in my LC?

Lohith, please help. :(
 

lohith

Registered Users (C)
#55
dabu said:
Thanks so much, lohith!
Well, I am a newbie. So let me explain my case. Please help me judge if it is what you mentioned.

2. PD: 11/2003; LC is mine.
3. Company always paid me from the date I was hired and payments were totally based on my earnings from the client. Company gained commissions from my client's payments. Is it so called "from my W2s of this company"?
4. LC's PD >= LC Salary? That I don't know. Should I check the wage in my LC?
To make analysis/speculations on your 140's outcome, we need

1.Get that copy of your LC or atleast find out wages/salary required on your LC.
2. Find/collect all your w2s from the company (GC sponsor only) for Y2003, 2004, and YTD gross income for 2005 till now.

3. Since, company finances are useless/dead, the USCIS decision depends solely on your w2s.
4. Meantime, read 'AbilitytoPay' by UN to educate yourself.

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

GCcomesoon

Registered Users (C)
#56
140 Rfe

EB3 CSC Sub labor


PD on labor - 10/02
140/485 - RD- 13th Dec -04
FP notice - 12/28/04
Actual FP on 1/28/05
LUD on 485 - 01/05
FP received
LUD on 485 - 02/05/05
LUD of EAD-02/16/05 - Additional evidence required .
RFE for EAD replied & received by USCIS - 3/3/05
EAD received - 03/28/05
Got LUD on 485 - 04/12/05
140 - RFE issued - 05/05/05

This is with the same company.I have'nt recieved the RFE but Iam 101%sure its for ATP

Thanks
 
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GC_GoneCase

Registered Users (C)
#57
Many poeple have reported denial on this thread and you got RFE. Why should USCIS deny few cases and send RFE for others?

I am not sure the people who reported denial here got the RFE first then denial or denial direct.


srdiwakar said:
EB3 CSC Sub labor


PD on labor - 10/02
140/485 - RD- 13th Dec -04
FP notice - 12/28/04
Actual FP on 1/28/05
LUD on 485 - 01/05
FP received
LUD on 485 - 02/05/05
LUD of EAD-02/16/05 - Additional evidence required .
RFE for EAD replied & received by USCIS - 3/3/05
EAD received - 03/28/05
Got LUD on 485 - 04/12/05
140 - RFE issued - 05/05/05

This is with the same company.I have'nt recieved the RFE but Iam 101%sure its for ATP

Thanks
SRD
 

GCcomesoon

Registered Users (C)
#58
140 RFE Issues

Hi

I am not aware if the 140's were directly rejected without any RFE's .
Has that happened to anyone ?

If yes please mention your experience

Thanks
 
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GCcomesoon

Registered Users (C)
#60
your details

KickECA said:
All cases got RFE first and then denail.

Hi

I would appreciate if you could give your details , I mean dates when 140 was filed, RFE date, response date, denial date, MTR if filed

As per the attorney he has given adequate information from his side in the MTR & the RFE's issued.That should resolve the matter
Now it depends who do we trust. I know its confusing ..

Thanks
 
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