I-140 Denied? Please Help!!!

R

Rohit11

Registered Users (C)
Hi Guys,

I had filed my I-140 and I-485 concurrently on October 15, 2003. Today I received a letter from USCIS telling...

"Title 8, Code of Federal Regulations, Part 245.2(a)(2)(i) states:
Before an application for adjustment of status under section 245 of the Act may be considered properly filed, a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved.....
.... The immigration Visa petition filed on your behalf by the employer was denied. Absent evidence that you are entitled to any other immigrant classification, your application must be, and hereby is denied. The regulations do not provide for an appeal from this decision"

Above letter does not clearly mention the reason of denying the I-140 or I-485 or at least I don’t understand it. Could you please help me understand the above? What should I do next? My employer’s immigration lawyer is out-of-town and I'm really worried about the legal status and unknowns.

PLEASE HELP.

Thanks in Advance.

-Rohit
 
Hi,

I haven't received the I-140 denial letter yet. My employer filed the I-140 on October 15, 2003. Four months ago the date was current. I waited hoping that I will get the I-140 approval soon. The current date moved to February, 2004 and I still didn't received the approval so the lawyer sent a letter on August 11, 2004. When we called USCIS, we are told to wait for 30 days. We did not get any reply. What we got is yesterday's I-485 denial letter.

I still wonder why I didn't received a RFE about the I-140?

Thanks,
Rohit
 
Rohit,

I hate to say this but your I1485 was denied because your I140 was denied.
BCIS has new guidelines which allow them to deny I140 without issuing RFE.
I am in a similar situation just few months ahead of you. I appealed my I140 denial and am now waiting.

Contact your lawyer and file MTR/Appeal immediately. You have only 30 days and do not expect instant results.
 
140 denial letter to employer...

Your 140 denial letter must have gone to your employer since it was employer's petition.

In your 485 denial something regarding section 245 is mentioned. I believe this sections is for applicants who have been out of status atleast a month or so. May be that was the reason for your 140 denial ... just a guess.

Contact your employer and find out if they got any denial letter.

will_get_there
 
Received I-140 Denial Letter.

Thank you guys for responding to my question.

My employer received the I-140 denial letter today morning. According to them, the reason of denial is “Employer’s inability to pay the mentioned salary at the time of I-140 filing”. I have got another lawyer’s appointment tomorrow (my employers lawyer is out of country) .

Member77, could you please tell me, what are documents I will need tomorrow to file the MTR/Appeal for the above denial-reason?

Thank you very much,
Rohit
 
Great Post, unitednations!

Thanks a lot unitednations.

Your post on ""ability to pay" issues is really great. With the help of my employer I will try to gather as much documents as possible when I will visit the lawyer tomorrow.

As one of the users said, your understanding of the matter(s) is just marvelous and a great help for all of us.

As I will not forget this “I-140/485 denial’ event for my life-time, I will also not forget your help.

Thanks again,
Rohit
 
Ability to Pay.

In my I140 process, we had got an RFE for employers ability to pay. I came acroess a USCIS memo (Yates memo) which we used to reply effectively. Within a week of RFE respone the I 140 was approved.

The RFE was replied with;

1. Company TAX forms (3 years since priority dates)
2. Company details( recent sales, business plans)
3. W-2 and 1040s for the past years.

The cover letter was drafted to suit the requirements outlined in memo.

Attached is the memo.
 
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