I 140 Denied, now what ??

sonupv

Registered Users (C)
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
 
Is your H1B status still valid? I wonder if you could file a MTR for both I-140 and I-485 and therefore not becoome out of status. I hope someone will give you good information on what to do. I'm not too experienced with this and I don't want to give you guesses here. This is the last thing you need!

You sure have my sympathy. I hope your situation will be resloved.
 
Appeal is for I-140 and MTR is for I-485. I am not sure if you can file MTR for both, if you submitted both, I got I-140 denied and filed appeal and I-140 was approved, only after that I filed I-485.
Please check the appeal/MTR time: for appeal for I-140 I had 33 days to file since denial date.
 
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