I 140 Denied, now what ??

[sonupv]

Hi Everybody,

I got a notice today from USCIS (California Center) which states that my I-485 is now denied because the underlying I-140 (EB2) has been denied.

My lawyer had received an RFE for I-140 which wanted us to file the documents to prove the employer's ability to pay. I didn't see that RFE letter, but according to my lawyer USCIS wanted to see the employer's tax return since 2000.

The employer is a legitimate company and was willing to provide the tax returns since 2000, but the lawyer insisted that by law the immigration dept. can't ask for tax returns from so long ago, as I had joined the employer only in 2003. So despite my requests to send all the asked documents he just sent the tax returns for 2003 and 2004.

I can't say whether that resulted in the denial of I- 140 but that was the story so far.

Mine was an EB2 case and I had filed the I485 before retrogression came into effect for EB2 in October. I have already received the EAD and Advance parole, but I suppose they are deemed invalid too.

I would appreciate any advice about what my options are now ??

If an MTR is filed for the I-140, what would happen to my I-485 (and EAD and AP) applications ?

Thanks in advance for your help.

Too bad, I checked my mail before leaving to watch the harry potter movie.

Sonu

 

[kayjay]

I was also in the same boat except that my 140 was denied due to some other reason(I think).In my case my company filed an MTR and also filed a new 140/485 with an already approved labor.As of now my EAD is valid against my old 140 and 485 as my new EAD was rejected as USCIS stated that I already have my EAD.

I hope it helps!

All the best

Hi Everybody,

I got a notice today from USCIS (California Center) which states that my I-485 is now denied because the underlying I-140 (EB2) has been denied.

My lawyer had received an RFE for I-140 which wanted us to file the documents to prove the employer's ability to pay. I didn't see that RFE letter, but according to my lawyer USCIS wanted to see the employer's tax return since 2000.

The employer is a legitimate company and was willing to provide the tax returns since 2000, but the lawyer insisted that by law the immigration dept. can't ask for tax returns from so long ago, as I had joined the employer only in 2003. So despite my requests to send all the asked documents he just sent the tax returns for 2003 and 2004.

I can't say whether that resulted in the denial of I- 140 but that was the story so far.

Mine was an EB2 case and I had filed the I485 before retrogression came into effect for EB2 in October. I have already received the EAD and Advance parole, but I suppose they are deemed invalid too.

I would appreciate any advice about what my options are now ??

If an MTR is filed for the I-140, what would happen to my I-485 (and EAD and AP) applications ?

Thanks in advance for your help.

Too bad, I checked my mail before leaving to watch the harry potter movie.

Sonu

 

[sonupv]

So I guess your mean that the MTR was able get your I 140 approved. Could you elaborate what additional was provided with the MTR.

I was also in the same boat except that my 140 was denied due to some other reason(I think).In my case my company filed an MTR and also filed a new 140/485 with an already approved labor.As of now my EAD is valid against my old 140 and 485 as my new EAD was rejected as USCIS stated that I already have my EAD.

I hope it helps!

All the best

 

[inqsit]

In case you havent yet read, i would also suggest reading through the thread in "Vermont Service Center I-140" titled "As promised - How to overcome ability to pay issues". You can even post your question there.

 

[kayjay]

So I guess your mean that the MTR was able get your I 140 approved. Could you elaborate what additional was provided with the MTR.

My 140 is not yet approved.After filing my MTR. my 140 case was transferred to AAO for further review.In the mean time I file a new 140 and 485 which is also pending.

Along with the MTR,the attorney sent a new educational evaluation certificate as mine is a 3yr degree.