I-140 Denied

G

GreenCard2020

Registered Users (C)
Hi,

My I-140 has been denied because the document I provided shows less than 5 years of work Experience. I have applied in EB2 category and has a Baccalaureate Degree. Eventhough I have 5 years of work experience I had given insufficient Documents to prove it. My Attorrney has ReOpened the case providing Documents to prove I have sufficient work experience to qualify under EB2.

I-140 Denied - 3/15/2005
Motion to Reopen received by USCIS - 4/18/2005
LUD on I-140 - 4/28/2005 - case was reopened on a BCIS motion, and the case is now in process.

My question:
1) What are my chances that my Case is Approved ?
2) How long will it take for USCIS to process my case ?
3) If they deny my case again ,What Next ?

Thanks in advance for your reply....
 
My I-140 was denied, too

I got the message from my lawyer that my I-140 was denied (due to "ability to pay" reason). We did send the annual statement when we were requested for more documents one month ago.
Could anyone tell me what numbers the USCIS officers are looking for ? net income ? (note that our company is more than 200 e'ees and asset is about 2 billions.
If our company has a negative net income for year 2004 but a very strong surplus (asset- liab), will this still not enough? I am not sure what I should send them now for motion to re-open.
This upsets me a lot since I had been waiting for more than 3 years since I started my PR process.

Thanks very much for all inputs!!
 
GreenCard2020 said:
Hi,

My I-140 has been denied because the document I provided shows less than 5 years of work Experience. I have applied in EB2 category and has a Baccalaureate Degree. Eventhough I have 5 years of work experience I had given insufficient Documents to prove it. My Attorrney has ReOpened the case providing Documents to prove I have sufficient work experience to qualify under EB2.

I-140 Denied - 3/15/2005
Motion to Reopen received by USCIS - 4/18/2005
LUD on I-140 - 4/28/2005 - case was reopened on a BCIS motion, and the case is now in process.

My question:
1) What are my chances that my Case is Approved ?
2) How long will it take for USCIS to process my case ?
3) If they deny my case again ,What Next ?

Thanks in advance for your reply....
Click to expand...


Your application is almost approved. You can go to the thread below:

http://www.immigrationportal.com/showthread.php?t=148944
 
0 and 0 days & 270 and 300 days to process this kind of case....

Hi ,

This is my case status and I don't understand what these 0 and 0 days & 270 and 300 days to process this kind of case .... means.... Any help!

Application Type: MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER

Current Status:

Your MOTIC MOTION TO REOPEN BEFORE THE COMMISSIONER was received on April 18, 2005. We mailed you a receipt with information about processing. It is taking between 0 and 0 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status:

On April 28, 2005, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 270 and 300 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
 
Last edited by a moderator:
Hi GreenCard2020,
Sorry to hear that your I140 was denied. Just curious, but after your I140 was
denied, was the message updated online that indicated the I140 was denied?
I know the message is changed to indicate if a case is approved. But I'd like
to know if it clearly says the case was denied. Thanks...
 
Notice of Intent to Deny I140

Here is an update after 1 month after denial of my I140...

Recap :
My I-140 was denied because the documents I provided showed less than 5 years of work Experience. I had applied in EB2 category and I have a Baccalaureate Degree. Eventhough I have 5 years of work experience I had given insufficient Documents to prove it. My Attorney had ReOpened the case providing Documents to prove I have sufficient work experience to qualify under EB2.

After 1 month USCIS has issued an INTENT TO DENY letter. I don't know yet what exactly is in the letter but according to my company they say that USCIS have given the same reason as before when they denied 1st time. My attorney says they will reply with a strong letter to support whatever we are saying is true and if needed will go to Congres man and change the supervisor who is handling my case.

I have sent a personnel eMail to UnitedNations for HELP and will post his thoughts after I hear from UnitedNations.

Other Gurus over here please suggest me what my options are and guide me.Thanks in advance for all your help.

------------------------------------------------------------------------
3/15/2005 - I-140 Denied
4/18/2005 - Motion to Reopen received by USCIS
4/28/2005 - LUD on I-140(Case was reopened on a BCIS motion, and the case is now in process.)
5/28/2005 - Notice of Intent to Deny I140.
 
GreenCard2020,

Did you get any RFE before your first denial? What documents you submitted by the first time did not satisfy CIS officer for insufficient work exp.?





GreenCard2020 said:
Here is an update after 1 month after denial of my I140...

Recap :
My I-140 was denied because the documents I provided showed less than 5 years of work Experience. I had applied in EB2 category and I have a Baccalaureate Degree. Eventhough I have 5 years of work experience I had given insufficient Documents to prove it. My Attorney had ReOpened the case providing Documents to prove I have sufficient work experience to qualify under EB2.

After 1 month USCIS has issued an INTENT TO DENY letter. I don't know yet what exactly is in the letter but according to my company they say that USCIS have given the same reason as before when they denied 1st time. My attorney says they will reply with a strong letter to support whatever we are saying is true and if needed will go to Congres man and change the supervisor who is handling my case.

I have sent a personnel eMail to UnitedNations for HELP and will post his thoughts after I hear from UnitedNations.

Other Gurus over here please suggest me what my options are and guide me.Thanks in advance for all your help.

------------------------------------------------------------------------
3/15/2005 - I-140 Denied
4/18/2005 - Motion to Reopen received by USCIS
4/28/2005 - LUD on I-140(Case was reopened on a BCIS motion, and the case is now in process.)
5/28/2005 - Notice of Intent to Deny I140.
Click to expand...
 
xyr888,

No , I did not get any RFE .

Instead of submitting my EMPLOYER work experience letter , I had submitted a letter from Client for whome I did the project which was just a few months during my employement with my employer. With the client's letter I had submitted , I was 6 months shorter to 5years.

After my I140 was denied and when I reopened my case I submitted a letter from my friend who was working with me in that company which stated proper duration of my employement and also a letter from that employer which stated I did my project for this client.

It looks like the person who is handling my case has not even looked at the evidences that we have provided.
 
GreenCard2020,

First time, your petition was denied due to the experience shortage of 6 months (There is no dispute at this point). When you reopened your case, did that employer indicate your starting and ending date of employment? I think CIS did review your evidences you provided, but s/he did not believe the new/additional documents you provided are true. It is important that you and attorney need to do something to convince CIS that everything you have provided is TRUE. Ask your previous employer/s rewrite a letter to state clearly that you did have 5 years of experience with them with their company letter, date of employment, duties, and hours per week. If you worked for that client for only 4.6 years, you need find the other 6 months to make the 5 years, and this 6 months should be consistent and persuasive, otherwise CIS will think this 6 months of experience is not true.








GreenCard2020 said:
xyr888,

No , I did not get any RFE .

Instead of submitting my EMPLOYER work experience letter , I had submitted a letter from Client for whome I did the project which was just a few months during my employement with my employer. With the client's letter I had submitted , I was 6 months shorter to 5years.

After my I140 was denied and when I reopened my case I submitted a letter from my friend who was working with me in that company which stated proper duration of my employement and also a letter from that employer which stated I did my project for this client.

It looks like the person who is handling my case has not even looked at the evidences that we have provided.
Click to expand...
 
GreenCard2020 said:
Hi,

My I-140 has been denied because the document I provided shows less than 5 years of work Experience. I have applied in EB2 category and has a Baccalaureate Degree. Eventhough I have 5 years of work experience I had given insufficient Documents to prove it. My Attorrney has ReOpened the case providing Documents to prove I have sufficient work experience to qualify under EB2.

I-140 Denied - 3/15/2005
Motion to Reopen received by USCIS - 4/18/2005
LUD on I-140 - 4/28/2005 - case was reopened on a BCIS motion, and the case is now in process.

My question:
1) What are my chances that my Case is Approved ?
2) How long will it take for USCIS to process my case ?
3) If they deny my case again ,What Next ?

Thanks in advance for your reply....
Click to expand...
 
What does this message mean....?

I have received a NOID(Notice of Intent to Deny) and my Attorney has not yet replied. I see this message , WHAT does this mean ...?

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status:

On June 6, 2005, the document we made based on the approval or registration of this case was mailed directly to the person to whom issued.


Thanks in advance to your reply....
 
I-140 Denied/MTR/NOID/Approved - EAD Status !?!?

If I-140 is denied , I read here in this Forum that EAD/AP becomes invaild immediately ...

If I140 is approved after MTR ,will EAD & AP becomes valid , Can EAD & AP be used before I485 is approved.... ?!?!

Thanks
 
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