I-140 Denied

L

LIN04

Registered Users (C)
Hi Guys,
My employer called me this evening and informed me that my I-140 was denied by NSC. The Case Status Online has not been updated though. The reason he cited is: My H1 was filed at 47K and my labor was filed for 78K. So NSC questioned how they would justify such an increase in Pay. My seventh year extension was also denied because of this. So I am out of status now. My company says they would appeal this? Any idea if this works? I appreciate your response...

One more note...though the I140 RFE was submitted on June 30 2004, none of my cases were touched and there was no change in LUD too. Last week I have changed my seventh year extension to Premium Processing...I guess this triggered them to look into all my pending cases..

Here are the details:
I140 RD: 01/27/2004
I140 RFE: 04/28/2004(around that date)
I140 RFE reply sent: 06/30/2004
I485/EAD/AP RD: May 19 2004
Seventh Year extension filed: 04/28/2004
No EAD..No AP...
I140 Denied: 09/13/2004
 
LIN04 said:
Hi Guys,
My employer called me this evening and informed me that my I-140 was denied by NSC. The Case Status Online has not been updated though. The reason he cited is: My H1 was filed at 47K and my labor was filed for 78K. So NSC questioned how they would justify such an increase in Pay. My seventh year extension was also denied because of this. So I am out of status now. My company says they would appeal this? Any idea if this works? I appreciate your response...

One more note...though the I140 RFE was submitted on June 30 2004, none of my cases were touched and there was no change in LUD too. Last week I have changed my seventh year extension to Premium Processing...I guess this triggered them to look into all my pending cases..

Here are the details:
I140 RD: 01/27/2004
I140 RFE: 04/28/2004(around that date)
I140 RFE reply sent: 06/30/2004
I485/EAD/AP RD: May 19 2004
Seventh Year extension filed: 04/28/2004
No EAD..No AP...
I140 Denied: 09/13/2004
Click to expand...
From what i know, if the GC job is different(higher level of education reqt, more exp. etc) from H1 job then they should not doubt the salary difference. For eg. if you just a programmer on h1 but GC is for senior programmer (assuming you were qualified for senior position at the time of LC filing) then there should not be any doubt and your company could be successful in appealing.
I dont know much about Appeal process so i cannot comment on that.
 
LIN04 said:
Hi Guys,
My employer called me this evening and informed me that my I-140 was denied by NSC. The Case Status Online has not been updated though. The reason he cited is: My H1 was filed at 47K and my labor was filed for 78K.
----LC was filed for future permanent job, employer was supposed show ABILITY to pay 78 from the date the LC was filed. I think your employer or lawyer could not show enough evidence to USCIS to show ability to PAY

So NSC questioned how they would justify such an increase in Pay.
----- they asked correct question, I suspect the lawyer could not argue or could not submit the documents of company ability to pay
My seventh year extension was also denied because of this. So I am out of status now. My company says they would appeal this? Any idea if this works? I appreciate your response...
-------- Appeal is time consuming and 90 % cases are rejected. if your company has the ability to pay and can show the evidence then company should hire a good lawyer and file Motion to reopen. if the company cannot show the ability to pay then problems. better hire good lawyer
One more note...though the I140 RFE was submitted on June 30 2004, none of my cases were touched and there was no change in LUD too.
Last week I have changed my seventh year extension to Premium Processing...I guess this triggered them to look into all my pending cases..
---may be, what was the base of 7th year extn filing? pending I-140 or I-485 pending??? have you compleated your 6 years on H1??

Here are the details:
I140 RD: 01/27/2004
I140 RFE: 04/28/2004(around that date)
I140 RFE reply sent: 06/30/2004
I485/EAD/AP RD: May 19 2004
Seventh Year extension filed: 04/28/2004
No EAD..No AP...
I140 Denied: 09/13/2004
Click to expand...
 
IT Salary goes UP and down like Waves -- Why the fuss?

I think you should apeal fast -- and if represented well U might get I-140.
20 K hike in salary can be justified. The truth is in the ground --- IT salary goes up and down so much ... The lawyer should be able to handle this without much trouble.

GL
BillToo
 
Thanks guys for the replies!

Ginnu, I have completed my six years on May 31st. They have applied my seventh year extension on Apr 28. I am not sure of the condition they have filed it on (140/485).

My company used to pay me regular salary of 47K and add Per Diem, which would bring my income to around 69K. But since W2 only shows 47K, this was the base of denial. My company says they would hire a top attorney (who is part of the some board or commission ??) and would inform them about the Per Diem part. Then showing the hike was only 9-10K as per the Labor. I hope it works.
 
Good Luck

If you add up UR total salary -- The lawyers will not have any problems to get U out of this mess.

One question--when was Ur FP done.

thanks
 
My Hib (LCA wage) salary is 48 K.
My labor (LCA for GC) salary wage mentioned is 50K.
But my employer is paying 70K.

Is there any problem in I140 for me? Could u please respond.
 
if W2 show's 47 K where is the picture of 69 or 78?

some thing wrong in H1B extention?
Please verify the h1b extention doc's?

any thing specified in h1b Extention denail?
other than 140 ability to pay issu?




LIN04 said:
Hi Guys,
My employer called me this evening and informed me that my I-140 was denied by NSC. The Case Status Online has not been updated though. The reason he cited is: My H1 was filed at 47K and my labor was filed for 78K. So NSC questioned how they would justify such an increase in Pay. My seventh year extension was also denied because of this. So I am out of status now. My company says they would appeal this? Any idea if this works? I appreciate your response...

One more note...though the I140 RFE was submitted on June 30 2004, none of my cases were touched and there was no change in LUD too. Last week I have changed my seventh year extension to Premium Processing...I guess this triggered them to look into all my pending cases..

Here are the details:
I140 RD: 01/27/2004
I140 RFE: 04/28/2004(around that date)
I140 RFE reply sent: 06/30/2004
I485/EAD/AP RD: May 19 2004
Seventh Year extension filed: 04/28/2004
No EAD..No AP...
I140 Denied: 09/13/2004
Click to expand...
 
BillToo: One question--when was Ur FP done.
I have never received the FP Notice.

GCNSC2004: My Hib (LCA wage) salary is 48 K.
My labor (LCA for GC) salary wage mentioned is 50K.
But my employer is paying 70K.

Is there any problem in I140 for me? Could u please respond.

I am not sure about this! But you better talk to your attorney and get a reply as these sort of queries are on the rise specially with NSC.

BCIS:any thing specified in h1b Extention denail?
other than 140 ability to pay issu?

I haven't see the notice from USCIS. I will ask my employer and will update you all accordingly.

Thanks guys!
 
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