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

I checked and the answer given to me is - No.

unitednations said:
I know we have discussed this on the boards; that is, if the 140 was already approved, can uscis come back and revoke the approved 140.

Did anyone check with the company/lawyer? You may be surprised to find out if this has already occurred.
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One question for those who replied to RFE and got denial. Have you been employed and paid regularly more than the salary on Labor from date of labor till now?

If yes, should not that be enough to show as ability to pay.


srdiwakar said:
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
SRD
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Don't know the ans for your question

GC_GoneCase said:
One question for those who replied to RFE and got denial. Have you been employed and paid regularly more than the salary on Labor from date of labor till now?

If yes, should not that be enough to show as ability to pay.
Click to expand...

Mine was sub labor,I have been working with them for last 8 months.I have been paid regularly & more than whats on labor document.

Can anyone ans that question ?

Thanks
 
Last edited by a moderator:
Hi Guys,

I work for this company too, and i have been through the same if not more worries, etc... as you have been. I got my 140 approval notice yesterday. The online Status however has not been updated. Hope this gives some hope to people from this company.
I have a RFE for 485 though, and i hope i can get thru' that easily.
I hope they do not revoke any approved 140s

Wish you all the very best of luck. There is always a possibility.

Cheers,
 
!!! Can you give more info??

mansan said:
Hi Guys,

I work for this company too, and i have been through the same if not more worries, etc... as you have been. I got my 140 approval notice yesterday. The online Status however has not been updated. Hope this gives some hope to people from this company.
I have a RFE for 485 though, and i hope i can get thru' that easily.
I hope they do not revoke any approved 140s

Wish you all the very best of luck. There is always a possibility.

Cheers,
Click to expand...

Thatz a great news Mansan!! Btw, do you mean that you went through the denial-MTR-approval phase?? Can u also please share other info i.e RD, MTR date etc??? And I hope u filed it from CSC only???
 
Great News

Great Congrats...... I know how the feeling would be.... enjoy.... You will get through your 485 tooo....

Please udate is it MTR or just RFE? This will be useful for other people....

Thanks
 
Details please

where_r_v said:
Thatz a great news Mansan!! Btw, do you mean that you went through the denial-MTR-approval phase?? Can u also please share other info i.e RD, MTR date etc??? And I hope u filed it from CSC only???
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Thats really some good news.Please share your details like PD, date 140/485 filed,RFE on 140 ,RFE response, RFE details on 140, & how much time did you take to get the 140 approval after the response.

Also whats your 485 RFE ? Your detailed reply would be highly appreciated,

Many of us look forward to your reply

Thanks
GCcomesoon
 
Thanks, and i pray for your approvals too.
The approval is from CSC. It was after a RFE response, not a MTR situation.
 
Mansan,
How long did it take for your I140 approval after responding to the RFE? Sorry to repeat this question
that many of the other curious folks have posted. Also can you please let us know what your PD is?

Regards..
 
Please post your details

Hi

Most of us are dealing with the same company & the same attorney here.Its like we all are talking to our contacts & the attorney.I have been told my 140 RFE will be replied once ,the certified IRS financial document will be made available by the company.The other rek which is D6 wage report is ready

Anyone else ? any updates ? any new RFE's ,approvals,denials,MTR's filed
Any information shared would be helpful for all of us here

Thanks
GCcomesoon
 
GCcomesoon said:
Hi

Most of us are dealing with the same company & the same attorney here.Its like we all are talking to our contacts & the attorney.I have been told my 140 RFE will be replied once ,the certified IRS financial document will be made available by the company.The other rek which is D6 wage report is ready

Anyone else ? any updates ? any new RFE's ,approvals,denials,MTR's filed
Any information shared would be helpful for all of us here

Thanks
GCcomesoon
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GCcomesooon
The company you mentioned is not ready to do certified financials for reasons unknown.

RB
 
Information

rarebell said:
GCcomesooon
The company you mentioned is not ready to do certified financials for reasons unknown.

RB
Click to expand...


As per my information & the discussion with the attorney, they have the IRS certified financials for 2001,2002 & 2003.In my RFE & recent RFE's the USCIS has asked for certified IRS financials for 2004 or they have to be CPA audited.
The attorney has asked for 2004 IRS certified docs & he expects them in 1 month, I feel after that he should be in good position to respond for all RFE's

Yes the company has denied to get the docs audited.

That's where his skill & experience comes into the picture

Hey guys any thoughts, agree ?disagree ? updates ?

Thanks
GCcomesoon
 
Any thoughts

Hi

We all have been getting some information from the attorney & the company now.Most of the RFE's issued for the company asks for 3 documents

1) D-6 Wage report
2) IRS certified 2004 financial document or CPA audited
3) Some letters from client, middle company if any , to support that we will do contracting outside the company

The attorney says that he is getting the IRS certified doc in next 3 weeks.He also feels that the MTR's filed will yield some results .Based on those results he would be able to comment whether all the cases would get approved or not.

I have good feeling bcause the attorney is providing everything asked by USCIS.What do you guys feel ?Are there any gaps here ?
I would request for any thoughts, or any updates anyone has.

Thanks
GCcomesoon
 
MTR Result??

Hi GCComeSoon mail me your contact phone # if you want to know more about what the MTR result will be. or Enable your profile to receive private messages.
 
need_a_gc_now said:
Hi GCComeSoon mail me your contact phone # if you want to know more about what the MTR result will be. or Enable your profile to receive private messages.
Click to expand...


Pvt message enabled.I have send you one.Please check

Thanks
GCcomesoon
 
Any updates?

Guys,

Any updates for the I-140 MTR regarding the Ability to Pay issue? Please post ...
 
Hi Lohit,

I have my on labor , and applied for i-140. My labor salary is 80k. But my salary when I joined this salary was around 70K, and then when the rate from the client was low, they reduced to 50k, and from last couple of months (7) they increased to 55K. I never knew that the LC salary and current salary difference would lead to denial , when I checked with employer they mentioned there is nothing to worry it is future salary. But recently I saw posting from UN and from others about this issue. This company have recent approvals for 140, but I have rfe, is it because of the cap is reached (as mentioned in the calculation by un). This company has more than 300 employees, will a letter from cfo stating that they will give the lc salary resolve the issue. or is the equation Salary since PD < LC salary => Denial hold true. Pl. let me know if there is any hope. Also why would attorny file 485 if they know that this salary difference is going to be an issue and it can be denied , shouldn't they verify with the company about financials and do the math before doing this , I wonder, please advise








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 :)
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yh_mltr2004 said:
My labor salary is 80k.
they reduced to 50k, and from last couple of months (7) they increased to 55K.


This company have recent approvals for 140, but I have rfe, is it because of the cap is reached (as mentioned in the calculation by un). This company has more than 300 employees, will a letter from cfo stating that they will give the lc salary resolve the issue. or is the equation Salary since PD < LC salary => Denial hold true. Pl. let me know if there is any hope. Also why would attorny file 485 if they know that this salary difference is going to be an issue and it can be denied , shouldn't they verify with the company about financials and do the math before doing this , I wonder, please advise
Click to expand...

Provide more details like LC's PD;
your w2s for each year since LC's PD from this comapny.
Company tax returns and check with UN's thread for Ability 2 pay.

If your 140 filed in CSC/NSC, get total numer of 140s approved with LC's around your PD, to run sub-totals of each approved 140s/pending 140s in pipe-line by aggregation, so that UN can derive remaining balance from comapny's tax returns to compare againt your required A2P income.

USCIS still insist on Tax returns if there are usually many(10+ cases pending/approved in one FY) unless it's publicly trading company and making billions in profit like Microsoft.

As you know, each year, Microsoft files about 1200+ H1 cases and 600+ LCs/140 for GC, but never had A2P issue.

Attorney's dont keep/bother about A2P issue till USCIS makes a big deal about it since he is not a CPA.
 
7th Extn.. on I-140/485 denial

goofy3 said:
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
Click to expand...

I think that as long as your MTR would be pending you are fine.....
 
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