I-140 denied pls help

amchan5

Registered Users (C)
#1
we filed the i-140 in Dec, 2002. Financials of the employer were bad. In March 2004 we filled the I-485 as our J-1 visa was coming up for expiration. Lawyer advised that if we file a 485 we will be within status.

Received the travel documents and work permits. Completed fingerprinting. and medicals.

Since the financials were weak on the employer, filled an AC-21 to transfer the case to a 'similer employer'. Job description remained the same.

2 weeks ago received a letter deniying the I-140. As a result 485 automatically denied. We will go out of status in 6 months. (Not enough time to file an H-1)

The reasons for denial are as follows,

1. Original employer does not have the financial capability to pay.
2. AC-21 transfer was not considered to be valid as the labour cert was done by the original employer.

filling an appeal on the denial saying that since the AC-21 is filled they shuld consider the new employer for 'ability to pay'

What are our chances? do we have any chance at all or just wait for another i245 amnesty, like the one in 2001.
 

qss

New Member
#2
"There was an AAO decision which accepted the tax stretegy of a professional corporation is to minimize income."

I am in a similar situation, could you please post the link to this AAO decision.

Thanks.
 

pdd123

Registered Users (C)
#3
amchan5,
was your I-140 approved and 485 pending 180+ days whey you applied for AC-21 ? from your post, it looks like your 140 was not approved at that time.So why did you file AC-21 ?

pdd123
 

amchan5

Registered Users (C)
#4
pdd123 said:
amchan5,
was your I-140 approved and 485 pending 180+ days whey you applied for AC-21 ? from your post, it looks like your 140 was not approved at that time.So why did you file AC-21 ?

pdd123
HI Thanks for your concern, my i-140 was not approved but 485 pending 180+ days when we filled AC21.
My attorney said i-140 will get denied as a result of bad financials. Inorder to switch the sponsor he wanted me to file an AC21.
But now the USCIS claims that the financials of both previous and future sponsor need to be excellent in order to execute an AC21.
But if the the financials are good on the original sponsor why would someone want to switch the sponsor at all. I am in a fix right now. do you think they will have another amnesty (i245) anytime next year?.
 

amchan5

Registered Users (C)
#5
alvin said:
This is an intresting case, there are couple of people who did use AC21 after 6 months of I-1485 pending, but w/o the I-140 aproval and their case is still pending with CIS, no decisions yet.
there was a long thread discussing the possibility of aproval since the AC21 law itself does not require I-140 to be aproved.
But, it seems, that 140 aproval is really needed.

Can this USCIS decision be challanged in the court of law ?

I was told it can be challenged at the supreme court but the cots will run to 20K .....which i definitly cannot afford............
 
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