Yesterday my I-140 and 485 has been denied because of company's ability to pay.
Could you please help me by providing some information.
Entered USA on 20th July 1998 on H1B (6 years 3 months and working on EAD)
LC applied in April 2002.
LC approved in August 2002.
I-140 and I-485 applied (EAD and AP) in Feb 2003 under EB2.
My last H1 expiry date was 03/01/2004(didn't apply extension, I used my AP as I have to go India very urgently).
Used AP to go India in Sep 2003 (last year).
EAD's have been renewed and valid till March 2005.
The proffered wage was 65000.
In 2002, I got 70+
In 2003, I got 69+
Got RFE in April 2004 asking company tax papers. Attorney replied the RFE by just submitting the copies of tax papers. He didn't put any explanation.
Got denial letter dated 20th September 2004.
In 2001 there was a net loss of $150K(total revenew was 5+ millions) and also the liabilites exceeded the current assets by $600K.
In 2002 there was a net income of $55K (total revenew was 3+ millions) but the current liabilities exceeded the current assets by $590K.
In 2003 there was a profit but not sure about the figures and not submitted to INS also.
Please help me with your suggestions.
1) What is my status. Can I work or should I leave (I didn't get any letter for my daughter's 485 case). My job is very safe as I am in the key position and also my client PO (purchage order) is valid till end of next year.
2) My wife is going to school. Should she stop?
3) can we go for MTR, if so what would be the success rate with the above figures. I have all my W2s and pay stubs to prove that I got (employer gave) excess salary than proffered.
4) Is MTR is better or MTR with appeal?
5) can I eligible to file a new H1 extension. Here does the 6 year cap will come in to picture even though I start used my AP since last September?
6) Is there any other alternative way?
Can some one direct me to the right attorney to take care of this problem.
Please guide me what to do. As I never expected this, I didn't prepare any thing.
Thanks in advance for your valuable suggestion.
With regards.
Could you please help me by providing some information.
Entered USA on 20th July 1998 on H1B (6 years 3 months and working on EAD)
LC applied in April 2002.
LC approved in August 2002.
I-140 and I-485 applied (EAD and AP) in Feb 2003 under EB2.
My last H1 expiry date was 03/01/2004(didn't apply extension, I used my AP as I have to go India very urgently).
Used AP to go India in Sep 2003 (last year).
EAD's have been renewed and valid till March 2005.
The proffered wage was 65000.
In 2002, I got 70+
In 2003, I got 69+
Got RFE in April 2004 asking company tax papers. Attorney replied the RFE by just submitting the copies of tax papers. He didn't put any explanation.
Got denial letter dated 20th September 2004.
In 2001 there was a net loss of $150K(total revenew was 5+ millions) and also the liabilites exceeded the current assets by $600K.
In 2002 there was a net income of $55K (total revenew was 3+ millions) but the current liabilities exceeded the current assets by $590K.
In 2003 there was a profit but not sure about the figures and not submitted to INS also.
Please help me with your suggestions.
1) What is my status. Can I work or should I leave (I didn't get any letter for my daughter's 485 case). My job is very safe as I am in the key position and also my client PO (purchage order) is valid till end of next year.
2) My wife is going to school. Should she stop?
3) can we go for MTR, if so what would be the success rate with the above figures. I have all my W2s and pay stubs to prove that I got (employer gave) excess salary than proffered.
4) Is MTR is better or MTR with appeal?
5) can I eligible to file a new H1 extension. Here does the 6 year cap will come in to picture even though I start used my AP since last September?
6) Is there any other alternative way?
Can some one direct me to the right attorney to take care of this problem.
Please guide me what to do. As I never expected this, I didn't prepare any thing.
Thanks in advance for your valuable suggestion.
With regards.