I-140 denied... Please help

M

Marais

Registered Users (C)
My friend's I-140 denied because of company’s ability pay
EB2
Here is the brief info about case:

LC applied: Sep/2001
LC priority date: Oct/2001
LC approved: Jul/2003
I-140/I-485/EAD/AP filing: Sep/2003
EAD received Dec/2003 valid until Dec/2004
AP received April/2004 and valid until March/2005

2001 W2 $17K less than LC Salary
2002 W2 $3K less than LC Salary
2003 W2 $15K less than LC Salary
2004 Pay-stubs salary 9k less than LC salary



I-140 RFE received May 26/ 2004 Requesting W2s and company tax returns of 2001 & 2003 (we already filed 2002s with application)

RFE Replied: June 8/2004 and received June 11/2004

I-140 & I485 denied: July 26/2004 asking for apply for MTR within 30 days.
Reasons: Company posted 87k net loss on tax returns of 2001 and assets of 867k. Also they mentioned that there is a discrepancy in 2001 audit reports and tax returns filed to IRS in 2001 and not explained ability to pay the salary in 2001.

(Fact: Company has profits in all subsequent years, though USCIS asked for the reports and not mentioned/considered any thing from them)

status:
He has automatic 240 days work authorization as Applied for 7th year H1-B extension on Jun 28(notice date) with same employer.

His 6 years H1 expired on Jul 9/2004


What are the choices?
How can he go to MTR? Any body has any suggestions?
What are the chances for approving H1-B 7th year with I-140 denial?
If H1B denied, what he can do? Can he use EAD until Dec/04?

Present situation as of Jul/2004
Company Revenue 11 millions
Staff: 98

Please help with your valuable suggestions. Thanks in advance.
 
I hear that W2's are not needed for the I140 stage ? I am surprised to see that USCIS asks for the W2's also during I140 ? Could someone comment ?
 
There is no surprise, USCIS asking for W2s during I140. They look at your w2s, your educational background and experience compatibility with the ones stated in your labour certification and your company financial info.
 
something wrong here!!!

Looking at the numbers there is no way I140 should have been denied. There is something terribly wrong here. Who was the attorney? When an Attorney is not careful in preparing RFE response this is the result.

before filing MTR go with a new attorney and fresh documents.
 
The most recent memo on clarification for "ability to pay" notified that company should provide atleast one of the following -
(a) The employee received proffered wage
(b) The net income of the company (tax filings of the company) is more than the proffered salary
(c) Employers with more than 100 employee are exempted if the CFO of the company can send the mail to CIS.

There is not much bailout other than this.

Marais said:
My friend's I-140 denied because of company’s ability pay
EB2
Here is the brief info about case:

LC applied: Sep/2001
LC priority date: Oct/2001
LC approved: Jul/2003
I-140/I-485/EAD/AP filing: Sep/2003
EAD received Dec/2003 valid until Dec/2004
AP received April/2004 and valid until March/2005

2001 W2 $17K less than LC Salary
2002 W2 $3K less than LC Salary
2003 W2 $15K less than LC Salary
2004 Pay-stubs salary 9k less than LC salary



I-140 RFE received May 26/ 2004 Requesting W2s and company tax returns of 2001 & 2003 (we already filed 2002s with application)

RFE Replied: June 8/2004 and received June 11/2004

I-140 & I485 denied: July 26/2004 asking for apply for MTR within 30 days.
Reasons: Company posted 87k net loss on tax returns of 2001 and assets of 867k. Also they mentioned that there is a discrepancy in 2001 audit reports and tax returns filed to IRS in 2001 and not explained ability to pay the salary in 2001.

(Fact: Company has profits in all subsequent years, though USCIS asked for the reports and not mentioned/considered any thing from them)

status:
He has automatic 240 days work authorization as Applied for 7th year H1-B extension on Jun 28(notice date) with same employer.

His 6 years H1 expired on Jul 9/2004


What are the choices?
How can he go to MTR? Any body has any suggestions?
What are the chances for approving H1-B 7th year with I-140 denial?
If H1B denied, what he can do? Can he use EAD until Dec/04?

Present situation as of Jul/2004
Company Revenue 11 millions
Staff: 98

Please help with your valuable suggestions. Thanks in advance.
Click to expand...
 
Thank you Unitednations!
It's me the actual person.

Please let me know if any one you have any clear idea on the following:

1. How long (approx) it will take for MTR?
2. Is there any way to get approve H1B- 7th year extension while MTR is pending? I believe, it is taking as much as 5 months for approval.
3. My question is, if MTR is cleared and H1-B is not cleared by that time then what is the solution?

Your suggestions are appreciated. Thank you.
 
Thank you for your quick response.
I have already applied for 7th year H1-B extension on Jun 28(notice date) with same employer. My 6 years H1 expired on July 9,04

Is there any way I can chage the H1-B to premium process, once already filed more than a month ago?

if not what's the alternate?
Thank you again for your valuable suggestion.
 
Income or Profit

rajeevnair32 said:
The most recent memo on clarification for "ability to pay" notified that company should provide atleast one of the following -
(a) The employee received proffered wage
(b) The net income of the company (tax filings of the company) is more than the proffered salary
(c) Employers with more than 100 employee are exempted if the CFO of the company can send the mail to CIS.

There is not much bailout other than this.
Click to expand...

Hi Rajeevnair32,
Should it be Income or Profit mentioned in (b). ????

Thanks
Hidden_man
 
Yesterdays Answer's from You

rajeevnair32 said:
The most recent memo on clarification for "ability to pay" notified that company should provide atleast one of the following -
(a) The employee received proffered wage
(b) The net income of the company (tax filings of the company) is more than the proffered salary
(c) Employers with more than 100 employee are exempted if the CFO of the company can send the mail to CIS.

There is not much bailout other than this.
Click to expand...

Hi UnitedNations,
The information which I got from you old posting does not match with above posted.

I read couple of your posting from a thread to which you answered about the same Issue, which was "Ability to pay". In the same thread you mentioned that you will write a detailed memo about it and post it next day. For some reason I am not able to find that thread.
I think the information you provided was valueable. Could you post a link to that thread here so that everybody can benefit..

Thanks
Hidden_man
 
No Luck trying to find that thread

UnitedNations,
I have tried my best to find this thread. I think I has been taken off for some reason. I did try to search it using membername too. No luck .. Please post it if you have the link to it.

Thanks
Hidden_Man
 
unitednations said:
Man, this is b.s.

The thing has disappeared. Makes me want to re-consider writing up this whole issue if they are just going to delete the thread.
Click to expand...


I am not sure what you are talking about? Nobody other than the person who created the thread or the moderator(s) can delete any thread/post, since I haven't deleted any thread, not sure. Have you searched well enough. Can you give me some clues about what it was? I would suggest using the search feature or going back a few pages.
 
who deleted it...

UnitedNations,
I had also posted to that thread. It was one of the best discussion on 'ability to pay issue'. Where is vermontGC? Could you please fill in what happened to it...
 
I-140 denial, please help

My I-140 was denied yesterday based on ability to pay. i work for a startup and due to the economy was not paid equal to prevailing wage. Also the company had a negative net income for a couple of years. I have the chance to appeal the decision, but no MTR. My 6th year H-1 expires in October. If i make an appeal, can i extend my H-1 for the 7th year based on that and how longn can i legally stay in the country? Can i argue against the prevailing wage amount?

My wife intends to apply for GC under exceptional category, national interest waiver. She can only apply in September when her new position starts. Any help in this matter will be greatly appreciated.
 
vibhu said:
My I-140 was denied yesterday based on ability to pay. i work for a startup and due to the economy was not paid equal to prevailing wage. Also the company had a negative net income for a couple of years. I have the chance to appeal the decision, but no MTR. My 6th year H-1 expires in October. If i make an appeal, can i extend my H-1 for the 7th year based on that and how longn can i legally stay in the country? Can i argue against the prevailing wage amount?

My wife intends to apply for GC under exceptional category, national interest waiver. She can only apply in September when her new position starts. Any help in this matter will be greatly appreciated.
Click to expand...


Here is the correct awesome thread which will get you approved:

http://immigrationportal.com/showthread.php?t=137088

Contact UN.

Thanks
 
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