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.
 

AmericanDreams

Registered Users (C)
#2
Has anything progressed in your case? In fact, my story is a bit different. Had filed for K140 and 485 concurrently in Feb. In the meantime got laid off; took up another job and got a RFE on ability to pay. The previous employer is reluctant to respond on the ability to pay and I am not sure if the AC21 will work given that I140 was not cleared. Wanted to check up with you as about AC21. Did someone suggest you to take that route? Could you please share this with me?
 
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