i-140 denied....need help

A

aboutgc

New Member
Hello

Recently my I-140 got denied, but I have received my EAD and my 485 is also filed. My green card was filled by my previous employer with whom I have good terms. My previous job was in the hotel Industries Clarion Hotel recently changed to Quality Inn . The company was showing loss for the last 3 years and now this year it is showing some profit. The hotel property is worth 6 million which recently appraised, besides this the owner has an asset of 6 million or more. Also my H1-b get expired this July 2008 ( 6 th year) In such circumstance what is the best option for me

1. File the motion of appeal, If so what are my chances.

2. Can I file from a new company a fresh new application. ( I am a consultant working for a client in NJ My client is willing to file my Greencard who has a turnover of 45 million annualy

3. My wife is on H4 for the last 3 years, can She file for L1 visa on her father's company who is having a profitable manufacturing business in India for the last 15 years. and she is one of the directors.

4.There is one more sound company in New Jersey is also willing to file my green card.

Please let me know if you can help

Thanks

Jay
 
Jay,

See my thread "I-140 denied (ATP), urgent help please". You may get some answers.
You may probably not get a H1 visa transfer as your 6th is abt to complete(or got completed) and after that H1 extns are possible only if your GC's labor is atleast pendning for 1 year, and that too with same company.
I would work out options with the company that did your I-140 as i did and came out of it using MTR in 20 days(I was lucky to get in 20 days).
My company does L1s many times and I think she cannot apply for L1 unless she worked in that company atleast for an year in the last 3 years. She need not be currently employed in that company, but its preferable, but she must have, in the last 3 years. And that company MUST have US operations. Pls check the L1 requirements,
GO TO a very well reputed attorney who you think is capable.
Good luck,
Sunnyz.
 
Last edited by a moderator:
For aboutGC

Answers below:
1. You should file a Motion to Reconsider within 30 days. That may re-instate the I-485 and it's ancillaries. Please note that unless you furnish enough supporting evidence the I-140 ruling cannot be reversed.
2. Technically a new employer can sponsor your green card as all employment based GC is for future employmnet. However you need a temporary visa to stay in tyhe U.S. Since you exhausted all 6 years on H-1B that avenue is closed and require an alternative.
3. L-1 can be an option for your wife, in this case you are authorized to work.
4. Same as #2.
One question, how come your wife is one of the directors of her father's company while on H-4?
 
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