I-140 Denied (TSC)

D

dryheat

Registered Users (C)
Company name was "This Is Company Name" for about 21 years.
In 2001 Company changed the name to "TICN" (Acronym of old name)
In 2003 LC was filed with full company name "This Is Company Name" and approved.

Texas rejected I-140 because different name.

Company sent RFE showing that in 27 year corporation didn't change at all, same EIN, same State Corporation Commissioner number, same governing body and certificate from State Corporation Commissioner that corporation is in good standing since 1979. Still rejected.

I don't know what I'm going to do next. My 7th year H1 extension will expire on 6/2008.
 
Iam in a simialr situation. I havent recieved the decision yet from USCIS. Let us know what you did.
 
Do not give up !

Contact your house of Representative:

http://www.house.gov/writerep/

My I140 was rejected by TSC 2 times. May 2005, time because 'lack of financial report'. We submited another application (got different SRC#) and hoping to have different officer to inspect. They rejected my second application on August 2005. Then what I did:

- My Lawyer submited appeal.
- Send 2 letters out. One to my House of Rep, second one to a senator.

Be 'personal' when writing the letter to your House of Rep. Who you are. What you did. What your concern is. Tell about your family. Tell your US-born children if you have any. Tell your felling. And so on. If you have some one good writing a letter, ask them to help. Send your letter to their local office. They may have one in DC, and one in your local areal.

In 2 weeks, I got a letter from my House of Rep asking my SRC number. I gave him my number. I called the local office couple times. They have staff for immigrations matters.

In the meanwhile my lawyer sent appeal. One of the point in the my appeal was:

- USCIS put wrong company name for the company that sponsor me. It was supposed to be an INTERNET company. USCIS wrote TREE CUTING company. Somekind of bug/glitch in their computer.

One month after I gave my number to my House of Rep and my Lawyer had sent the appeal, USCIS sent a letter "consider to re-open" my case. 3 months after that my case was re-opened. And 1.5 year after that my I-485 got approved, and now my card is in my hand.

There is one person in this forum had problem in his I140 at the same time when I had the problem. I sent him a msg, we knew each other after then. He followed what I did. He got his house of rep contacted him. He fought to the last drop. I could not imagine he had tickets ready to go home, and an empty apartment, but finally he got his I140 approved. He came back to the track. Still waiting now, but not rejected.

I sent you my Yahoo Messenger ID privately in this forum. Let me know if you have any questions.

Do not give up!



regards




Rakasa
 
dryheat said:
Company name was "This Is Company Name" for about 21 years.
In 2001 Company changed the name to "TICN" (Acronym of old name)
In 2003 LC was filed with full company name "This Is Company Name" and approved.

Texas rejected I-140 because different name.

Company sent RFE showing that in 27 year corporation didn't change at all, same EIN, same State Corporation Commissioner number, same governing body and certificate from State Corporation Commissioner that corporation is in good standing since 1979. Still rejected.

I don't know what I'm going to do next. My 7th year H1 extension will expire on 6/2008.
Click to expand...

I know one person who filed an appeal around 30 months ago. Until now no luck.

My advice is to file an appeal against I-140 denial, so H1 can be extended beyond 7th year.

At the same time, start the green card process again. It is painful but what other choice is available.
 
Browsing AAO decisions archive for 2007, I found case exactly same as mine (two names - same FEIN) were AAO sustained appeal, stating in their decisions:
"The evidence provided shows that both __ and __ have the same tax identification number. We would conclude that they are the same employer.
An employer is defined as an entity with the same FEIN. See 8 C.F.R. § 656.17(i)5(i). Therefore, we find that the petitioner does not need to demonstrate that it is the successor-in-interest, and has overcome this basis for denial."

So, my attorney is going to file addendum to appeal with this case as a attachment.
 
My boss just called AAO (I can't get a hold of attorney) and they said that they transferred case back to Texas Service center because they don't have jurisdiction over my case. What a load of crap.
 
I thought his expertise was in denials for Ability to Pay. Mine was for company name.
 
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