I-140 denied ..what are my Options

S

sahil_a

Registered Users (C)
Hi there :

Today my lawyer informed me all my cases denied because I140 got denied because of ability to pay query .

I still have 14 months to complete my h1b 6 years ..my company told me they have approved labor which they can use for me and file in different service center ..When i told samething to my attorney he told we should file in same center where the company is located and adviced me if 2nd labor is filed in same center chances of denial is more because of first denial .


what is the best option..is it fiing gc through new company or using approved labor from present company( if used approved labor what are chances of getting 140 approval ) .

if needed to appeal the current denial case what kind of documents needed .

can i file 2 labor in texas center instead of nebraska because iam working in texas ?

Gurus please guide me so i will not take wrong step ..
 
Can you please give more details on your ability to pay denial? Is ur w-2 pay less than what was mentioned on ur Labor? Is urs a small company? How are its financials? How did u respond to the RFE for ability to pay? Depending upon these factors, u may be able to file motion to reopen the case.
My personal advise, if u filing second application with the same employer whose financials are poor, then it wont do you any good except waste ur time....
 
Is there any way we can find companies with good GC approvals ? ..Since my case is denied based on company financials and i have only 14 months left for 6 years i started search for companies (especially with approved labor ) .
Please advice me any good companies ...
 
The lawyer should build very strong case. Otherwise there are all the possibilities for denials.

My company has 2 employees only. Infact, I was only one when I started my Labor. Each year the company's profits were marginal (Less than 10K). Infact, lossess in 2002.

I was behind my lawyer and employer from the start. Usually, when lawyer takes up the case then do skim reading about the company's finances, etc. You should raise all posssibilities and bring to the lawyer's notice.

For my 140, I got RFE about employers ability to pay.

My lawyer was careful from the begenning. He knew about the company's income, no of employees, etc. Hence, he submitted full year pay stubs, company bank statements, W2, etc, while filing 140 application. He made a strong case in reply to RFE and with in a month, my 140 was cleared. Thanks GOD.

You should be careful and find out about your present company's finances. If they are very bad then, I suggest that you find another company for filing new 140. At the same time as others suggested, file for an appeal.

Goog Luck.


sahil_a said:
Is there any way we can find companies with good GC approvals ? ..Since my case is denied based on company financials and i have only 14 months left for 6 years i started search for companies (especially with approved labor ) .
Please advice me any good companies ...
Click to expand...
 
Small Company & weak financials

Bim,

I am ready to file my I-140. My company is very small and has only 2 employees as well. 2002 gross income was a lot but net income was only 5k. We plan to file for more profit for 2003 (have filed the extension). I plan to attach the (tax) extension as well.

Here are my questions for you:
Did you mention 2 employees on your I-140?
What other documents did you submitted for financials other than full year pay stubs, company bank statements and you W2 (what is the etc ) ?
What did he replay to the RFE?

Thanks a lot



bim said:
The lawyer should build very strong case. Otherwise there are all the possibilities for denials.

My company has 2 employees only. Infact, I was only one when I started my Labor. Each year the company's profits were marginal (Less than 10K). Infact, lossess in 2002.

I was behind my lawyer and employer from the start. Usually, when lawyer takes up the case then do skim reading about the company's finances, etc. You should raise all posssibilities and bring to the lawyer's notice.

For my 140, I got RFE about employers ability to pay.

My lawyer was careful from the begenning. He knew about the company's income, no of employees, etc. Hence, he submitted full year pay stubs, company bank statements, W2, etc, while filing 140 application. He made a strong case in reply to RFE and with in a month, my 140 was cleared. Thanks GOD.

You should be careful and find out about your present company's finances. If they are very bad then, I suggest that you find another company for filing new 140. At the same time as others suggested, file for an appeal.

Goog Luck.
Click to expand...
 
Last edited by a moderator:
Let me make sure that you and I are at the same level of understanding.

• My 140 was filed in Sep, 2003. During this petition, I have submitted all the stubs from Jan 2003 to Aug 2003. The salary in this pay stubs were less than the salary in Labor.
• Anticipating RFE, my lawyer suggested to us that I get paid the salary in labor at least from Jan 2004.
• Company’s finances for 2002 were on the negative side.
• The second employee joined on March 2003. Also, there was another employee who was not drawing salary. (I did not know about this till I got RFE).

In April 2004, I got RFE to prove the financial ability of employer to pay me the agreed salary.

In reply to RFE, my lawyer submitted

• Company's 2003 statements. (Company was on the positive side with less than 10K profit after salaries)
• Remaining pay stubs from Sep 2003 to Apr 2004. My 2004 pay stubs reflected the salary in labor. This will help to build strong case.
• Letter from company's bank stating that the account has an average of at lease $5000.00 for the month. More is always better.
• My W2 for 2003.

Along with the above documents, my lawyer made a strong petition explaining all the above issues. This letter should cover all the areas and explain and support the argument that the employer is fully capable to pay you the salary in the labor. This is where lawyer’s skills come into play.

Hope this was helpful to you.



Al-Rav said:
Bim,

I am ready to file my I-140. My company is very small and has only 2 employees as well. 2002 gross income was a lot but net income was only 5k. We plan to file for more profit for 2003 (have filed the extension). I plan to attach the (tax) extension as well.

Here are my questions for you:
Did you mention 2 employees on your I-140?
What other documents did you submitted for financials other than full year pay stubs, company bank statements and you W2 (what is the etc ) ?
What did he replay to the RFE?

Thanks a lot
Click to expand...
 
Denial Update on USCIS Website

Guys,

Quick question: has anyone ever experienced, your I-140 case been denied but its not updated on the online case status?

My online status always says its in process...lab lab..

I work for a pretty small company (4 employees), on payroll for 3 years with salary > LCA salary, but still scared looking at the recent denials on ability to pay.
 
Wow..this is news to me. Which means only Lawyer knows if a case gets denied.




unitednations said:
uscis, doesn't update web-site for denials. This is pretty establishd from everyone who has had their applications denied.
Click to expand...
 
Hi BCIS,

Staus: Still waiting for the approval

Details:Mine is EB3, labor approved in Aug 03 with salary metioned 35$/hr, I have been getting more than that. Company has only 4 employess, I am the only one on H1, rest work on 1099. Established in 2000. Since I and other employess also work on hourly basis, I am sure employer is paying us only if they get paid from client. Not sure about the net profits, but I am sure they run the business with 20% profit on each guy. I supplied 2 latest pay stubs with 35$/hr and 2002 W2 with $72k at the time of filing I-140 (Sept 27).

Don't know what are the chances of approval..

Day by day all my hopes are sinking looking at the recent denials.. My H1b (5th) is expiring this aug. I will have one more year to extend. But in case if 140 gets denied I need to start everything from scratch...find an employer, file H1, then labor...etc etc.:(


bcis said:
what's ur case details/status...Please let me know
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Last edited by a moderator:
Future employment GC

Hi BCIS

I have given the W2 and Pay stubs for the current employer (Company A) for filing the 140 . Company B has filed the GC process for me as a future employee. Do you think there can be any issues ?

140 RD/ND 31-oct-2003 Pending
485 ND 23-FEB-2004 Pending
EAD/AP Approved
FP done 11-may-2004
 
No RFE ! No Ohato motto whatever ....

NSC didn't implement the concurrent process as published earlier in April 2004,

At the same time, they have published no more RFE to reduce the backlog and we are started seeing it...

I have been watching this forum for more than two years, never seen any denial for financial without RFE ? Is this some thing unusual ?
 
U can apply multiple 140's at one point of time. I belive multiple adjustment are not allowed.

nelabor said:
Hi BCIS

I have given the W2 and Pay stubs for the current employer (Company A) for filing the 140 . Company B has filed the GC process for me as a future employee. Do you think there can be any issues ?

140 RD/ND 31-oct-2003 Pending
485 ND 23-FEB-2004 Pending
EAD/AP Approved
FP done 11-may-2004
Click to expand...
 
Sorry i said incorrect

Hi BCIS

I have given the W2 and Pay stubs from the current employer (Company A) for filing the 140 at Company B, Labor approved from Company B. Company B has filed the GC process for me as a future employee. Do you think there can be any issues ?

140 RD/ND 31-oct-2003 Pending
485 ND 23-FEB-2004 Pending
EAD/AP Approved
FP done 11-may-2004
 
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