I-140 Denied

D

dhamaka

Registered Users (C)
My I-140 application was denied for the following reasons :

1. Petitioning company's ability to pay
2. Educational background.

My Labor Cert was approved in Feb 2003. Did concurrent filing of I-140, I-485, I-765, I-131.
Received RFE on I-140 asking for tons of documents from the employer. Replied to the RFE with all the documents requested.
I-140 rejection letter mailed this week, received by my lawyer yesterday.
Given 30 days to appeal.

I have not worked for my sponsoring company, since they were to hire me only once my Green Card is approved. However since past couple of months they needed my services immediately, but due to my prior commitments with present company, was not able to work for my sponsoring company. Hence no paystub from sponsoring company.
Was on H-1B Visa for past 6 years (under the same cateorgary had appliced for Labor and other applications), which expired in May 2003. Walked into Chicago INS and got interim EAD, which is valid until end of this month, on which I am working for my current company.

What are the chances of approval after we appeal the case with additional documentation. Any advise will be appreciated. What happens to my EAD, 485 etc. Any advise. I was to go for renewal of my EAD again later this month into Chicago INS. Can I go now?
 
Hi

I am sorry to hear your I-140 details. A good attorney might be able to succesfully get the approval in your case.

I thought you are not required to submit the paystub of your sponsoring employer if you are not currently working for that employer. Green Card is for a future job once the GC is approved.

Please post more details as to what documents INS asked your employer and why did the I-140 got denied even after you have submitted all of them.

Please post the details on the RFE questions on your educational background aswell so that others can benefit from it.

Thanks
 
dhamaka,

Sorry to hear about your case.

Please post your case details like....

1. category(EB2/EB3)

2. RIR/NOR RIR

3. What was LC requirement (exact words).

4. Did it match your education & experience ?

5. Did you submit any education evaluation ?

6. What was the RFE and reason for denial ?

Good Luck
Rakesh
 
More info as requested

Here is the information that I have handy with me. If you need more exact details, I can inform you once I have all the papers with me.
My application was EB-3, Concurrent filing.

Also did not apply for 7th year extension, since my H1-B was from other company and the GC process from another company. I don't think you are eligible for 7th year extension if your GC company is different from H1-B company.

INS had asked for many documents from the employer like monthly bank statements, photograph of the office space, photograph of the building, audited financial statements for past 3 years. Since the audited statements for 2002 were not ready, we had submitted management generated financial statements, which they did not accept.
The company that filed for my GC is a small company, with 2 employees. Since this company started 3 years ago, it did not make profit for the 1st 2 years, but was profitable in the 3rd year. INS said that the profit trend of the company shows that it cannot support the salary requirement of the beneficiary. They also said that the previous trend cannot be taken as the sole criteria, but it does show the pattern of earnings of the company.
I have a 3 year degree from Mumbai Univ. and about 10 years of experience. Based on all these my H1-B was approved for all these years. The advertisement for Labor Cert said Degree in Accounting and 3 year experience. INS argued that Degree from India is not equivalent to degree in US, hence the beneficiary is not qualified for this position
 
Anyone's I-140 Approved After Denial

Has anyone's I-140 got approved after it was denied initially. Was it after APPEAL or Motion To Reopen. If you post the details that will be helpful.

However we are filing a motion to reopen.

And at the same time getting ready to pack the bags. Because whatever I have seen on this forum so far, the chances of approval is close to zero.

So if you post the details of your reply (Appeal or Motion to Reopen) that will be helpful in my case.

Also once BCIS has received my papers to Reopen, can I go to get my EAD or they will not issue me any more EAD until a decision is reached on the case.
 
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