I-140 Got Denied! Please Help ASAP! (Ability to Pay by the employer)

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satgym73

Registered Users (C)
I-140 Got Denied! Please Help ASAP! (Ability to Pay)

Dear Friends/United Nations,

My I-140 got denied y'day @NSC. There was LUD (09/19/05) on my I-140 RFE and our I-485's. No change in status messages too. Suddenly today i got a mail from my attorney saying that my I-140 has been denied.

Please let me know what are all my best options to get my I-140 cleared and continue to work here in USA. Due to this my I-485, EAD, AP also become invalid.

Info: I'm maintaining my H1B status and it's valid until 04/23/06. (I'm completing my 6 years on 04/23/06). My labor (EB3) PD is October 2003. I applied my I-140, I-1485, EAD, AP on Oct 2004. Got RFE for my I-140 and submitted on 07/19/05.

Please let me know...whether i have to appeal (MTR) / Refile my I-140 again AND/OR apply fresh labor under PERM ?.

Please post your valuable suggestions and thoughts within 2 days, thereby i can decide what best i can do to solve this case. My email id is: satgym@yahoo.com

Thanks,
satgym.
 
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hi ,
first contact united nations on it.u can apply MTR/APPEAL WITH in 33 days.in the meantime apply another labor or use a substitute labor and apply i140,485 as aback up options.u can work on h1 till u get gc.
 
If i apply for another labor, i cannot extend my H1B based on this new labor right? b'cos the labor should be in pending for more than a year in order to extend H1B. My current H1B is expiring on 04/23/05.
If i want to use substitute labor...what are all the ways to get it?. Just in case if i get it, then my profile should match to that right?. I have B.E degree in Mechanical Engineering.
 
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Hi Satgym73,

Sorry about your I-140.

Could you pls give more details about your A2P RFE.
Reply notice date
I-140 Officer code
How many employees are there in your company?
Has your W2 Shows the complete pay in the year 2003 and 2004.

This info may help us.
I got the same RFE from Officer 380.

Thanks.
 
yes...u r great unitednations. how come you know my attorney is from michigan. yes...she is from michigan. please tell me how can my employer help on this case to get approved?.
 
hi kpkgc,

Could you pls give more details about your A2P RFE: most of the queries to employer like A2P for all the I-140's which are filed recently, company's audited financial stmts from my priority date: 10/03 etc.,
Reply notice date : 07/19/05
I-140 Officer code: i'll check and let u know...but i remember it has EX on it.
How many employees are there in your company?: don't know really
Has your W2 Shows the complete pay in the year 2003 and 2004: Yes (i joined this company only in Oct 2004, after my labor approval and before my i-140 concurrent filing)
 
Thanks for the information.

All the best for appeal.

Thanks you unitednations for your help.
 
UnitedNations / Friends,

I'm planning to apply MTR/APPEAL for my I-140 denial. Please let me know how many days this whole process will take to know the final decision ? B'cos my H1 (6 yrs) is expiring on 04/23/06.

Can i apply fresh I-140 again based on my approved labor now itself (or) i have to wait for the MTR's/Appeal's result ?

Can my emlpoyer file new labor for me under PERM, when my I-140 is denied already ?.

I don't know this question below might be correct or not...anyways...here it is....
Can i apply only to MTR (Motion to Reopen) first, then wait for the decision from the NSC person, if it's denied again by that stupid officer then i can apply for APPEAL right ?

Please reply asap. Thx!
 
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