I 140 Denied ..need help ??

S

sunv

New Member
Hi ,

I had filed my I-140 and I-485 concurrently on April 14, 2004. Week back I received a letter from USCIS telling...my I485 is denied.

"Title 8, Code of Federal Regulations, Part 245.2(a)(2)(i) states:
Before an application for adjustment of status under section 245 of the Act may be considered properly filed, a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved.....
.... The immigration Visa petition filed on your behalf by the employer was denied. Absent evidence that you are entitled to any other immigrant classification, your application must be, and hereby is denied. The regulations do not provide for an appeal from this decision"

And today my employer got the letter that I 140 is denied because of low payment last year (I am not sure about the wording in that letter ) and I am on maternity leave for 9 months ..
I got 15K on my W 2 form .
My employer got more that 200 employee’s.. I have called my lawyer he say's we can appeal ..
But my varry is there any chance i am going to win or i have to apply my GC again all over (which i can't imagine) ..
And how long its going to take after we appeal..

Any help will be greatly appreciated..
 
Check if it's the standard "Ability to Pay" issue

Which service center? Though typically they used to send RFEs for it, there has been a new memo at NSC asking the adjudicators to straightaway deny the applications. I do not think that your salary in itself will be decisive enough for them to deny the application, as the permanent residence application is based on a future position. Further from your low salary, they would have figured that you must have been on leave. I think it's related to company financials rather than your own situation. Ask your lawyer what docuements she submitted, follow UnitedNation's thread about how to fight "Ability to Pay" RFEs.

Also, did you get APs, EADs and FP notices in time or is this the first time you heard from them.
 
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I got the EAD , AP on 8/14 ..
not the finger prints ..
Applied in vermont service center .
And there is no RFE .. they denied directly ..
Is there any chance that this case can be approve ..
 
please help me

Please let me know is there any chances in my case ..
Did any one come across like this ..
 
ability to pay...

This has been thorughly discussed by user 'UnitedNations'...check for the thread and go throug it.

The day labor was filed...company should be in good financial condition, and should have sufficient funds to pay salary from that day to the current, and in to future. You need to explain why your W2 salary was so low....for the year, consequently violated H1B norms. Your argument needs to be convincing that you were on maternity/medical leave..if not GC is as good as gone.
 
sunv,

nothing to worry. it is a gross mistake by INS agent who made the decision. They were supposed to send you RFE for pay. File MTR and you should be fine.

ability to pay according to Ohata memo is not required for employer with more than 100 employees.

A letter merely stating the Company is capable of paying the you (employee) the stated amount from your CFO will do.

If you have a good reason for low pay add that to the filing.

sunv said:
Hi ,

I had filed my I-140 and I-485 concurrently on April 14, 2004. Week back I received a letter from USCIS telling...my I485 is denied.

"Title 8, Code of Federal Regulations, Part 245.2(a)(2)(i) states:
Before an application for adjustment of status under section 245 of the Act may be considered properly filed, a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved.....
.... The immigration Visa petition filed on your behalf by the employer was denied. Absent evidence that you are entitled to any other immigrant classification, your application must be, and hereby is denied. The regulations do not provide for an appeal from this decision"

And today my employer got the letter that I 140 is denied because of low payment last year (I am not sure about the wording in that letter ) and I am on maternity leave for 9 months ..
I got 15K on my W 2 form .
My employer got more that 200 employee’s.. I have called my lawyer he say's we can appeal ..
But my varry is there any chance i am going to win or i have to apply my GC again all over (which i can't imagine) ..
And how long its going to take after we appeal..

Any help will be greatly appreciated..
Click to expand...
 
I really appreciate all of your help in this ...Thank you all once again ..for giving me hope ..

Today i spoke to my company lawyer and he showed my I140 denial letter..
It says that since my pay is low and company filed for a salary of 70K.
and he is appealing for this he said there is still hope but it might take little longer than normal ..And there is 80 /20 chances.. Let’s hope for the best (that’s the only thing I can do at this point)

Once again thanks for giving me some hope ..
 
SunV, SanjayKapoor is correct...

about validity of the letter issued by CFO of a firm comprising more than 100 employees.

I believe you WILL be approved.

Good luck.



sanjaykapoor said:
sunv,

nothing to worry. it is a gross mistake by INS agent who made the decision. They were supposed to send you RFE for pay. File MTR and you should be fine.

ability to pay according to Ohata memo is not required for employer with more than 100 employees.

A letter merely stating the Company is capable of paying the you (employee) the stated amount from your CFO will do.

If you have a good reason for low pay add that to the filing.
Click to expand...
 
Although a letter from the CFO is typically acceptable for a corporation with more that 100 US employees, that does not prohibit USCIS from requesting other information.
 
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