I-140 Denied : Need your help Gurus

G

gul_preet

New Member
It was very unfortunate to know that my I-140 got denied which I had never even thought in my dreams. I really need very urgent help from all of you who can help me get over this situation .
My 6 year H1 extension is going to over in Feb 2008 so looks like I am pretty much in deep trouble now .
Can anyone of you please please please help me get the information on how to file MTR or appeal for the I-140 denial .
The reason for denial so far I know of is "Inability to Pay" though I am still trying to get complete information from my company and lawyer.
I have seen that unitednations had helped lot of such cases get through this tragic situation and I will really appreciate if someone can get me his threads or his contact or any other information which might help me here in anyways .
Please Please Please Please respond ..........
 
I am in similar situation. PD is 10/2003 in EB2.. 140/485 got denied from NSC on June 13th 2006 based on failure to establish ability to pay. Had received and RFE because the company doesn't have net income or net assets to show proferred wage. Also, I am working for different employer so can't show W2's. We had sent bank statements showing avg mnthly bal is more than proferred wage but they didn't accept as enough eveidence.

Planning to file for appeal so that I can exyend my H1. I have heard United Nations has helped a lot of people in similar situations....please UN or other members who have worked out this situation please help!!!!!
 
I am not attorney or Legal expert...
You can file a Labor under PERM and file I-140 again. But your I-140 reject because of your company Ability to Pay.

I would switch to another BIG Company and File Labor and get 1 year extensions and file 140....

Hope this Tips you,...

Good luck
 
kalsarao said:
I am not attorney or Legal expert...
You can file a Labor under PERM and file I-140 again. But your I-140 reject because of your company Ability to Pay.

I would switch to another BIG Company and File Labor and get 1 year extensions and file 140....

Hope this Tips you,...

Good luck
Click to expand...

You gave a good advise but I don't think working for a BIG Company will help with this issue. Atleast it didn't help in my case and a RFE was triggered for Ability to Pay
 
Guys thanks for the advise .
I think I am going to file with a big company and see how it goes .
Atleast gives me a better chance .
 
gul_preet said:
It was very unfortunate to know that my I-140 got denied which I had never even thought in my dreams. I really need very urgent help from all of you who can help me get over this situation .
My 6 year H1 extension is going to over in Feb 2008 so looks like I am pretty much in deep trouble now .
Can anyone of you please please please help me get the information on how to file MTR or appeal for the I-140 denial .
The reason for denial so far I know of is "Inability to Pay" though I am still trying to get complete information from my company and lawyer.
I have seen that unitednations had helped lot of such cases get through this tragic situation and I will really appreciate if someone can get me his threads or his contact or any other information which might help me here in anyways .
Please Please Please Please respond ..........
Click to expand...

Petitioners or employers must file I-140 petitions that are fully complete, meaning no required items are left blank, along with the initial evidence addressing the ability to pay.
The initial evidence that is required under the regulations includes, in the alternative:
(a) annual reports;
(b) federal tax returns; or
(c) audited financial statements.

At least one of these items must be submitted. If the USCIS adjudicator finds that portions of the I-140 petition are blank pertaining to the date the business was established, the number of employees, or the gross / net income, then the examiner must issue an RFE on these matters. The examiner must also issue an RFE if the I-140 petition is filed without at least one of the required pieces of initial evidence.

If the case is filed with the required initial evidence, the adjudicators do not have to issue an RFE to request additional proof of ability to pay. The adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
The first is that the company's net income is equal to or greater than the wage that is offered.
The second is that the company's current net assets are equal to or greater than the offered wage.
The third is that the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage.

A denial is required to be written in a manner that clearly and specifically explains the reasons for the denial.

I will update this thread with more information on how to file MTR sometimes later this week.
 
AAABLAUTCHALEN said:
Petitioners or employers must file I-140 petitions that are fully complete, meaning no required items are left blank, along with the initial evidence addressing the ability to pay.
The initial evidence that is required under the regulations includes, in the alternative:
(a) annual reports;
(b) federal tax returns; or
(c) audited financial statements.

At least one of these items must be submitted. If the USCIS adjudicator finds that portions of the I-140 petition are blank pertaining to the date the business was established, the number of employees, or the gross / net income, then the examiner must issue an RFE on these matters. The examiner must also issue an RFE if the I-140 petition is filed without at least one of the required pieces of initial evidence.

Gul Preet

sorry to hear abt ur i-140, i am in the same situation got an RFE on abiliy to pay, net income not enough to pay prevailing page, responded wth financial statements and got denied, now planning to file MTR dont know what they are planning to send , were u offered wage that is at par with prevailing wage or less

AAABLAUTCHALEN

would appreicate if you have some document on preparing MTR that you can share with us
Click to expand...
 
Check threads under I-140 for ability to pay under user id <nrp_nrp>....might be helpful......
 
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