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.
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.