I-140/I-485 denied - help


Registered Users (C)
Hello Friends!
My I-140 app. was denied last week. Since this was a concurrent filing my 485/EAD/AP were denied as well. I had received an RFE on employer's ability to pay and the attorney had responded with the required info. However the app. was denied stating that the employer's financials for the last 3 years was not good. I have not seen the 140 denial letter. My attorney told me this. He says he cannot reveal the financials info as it is confidential to the employer.

IN fact the attorney had indicated that they had gotten approvals for their other employees in the last few months and the only denials happened in the case of folks without a 4 year degree (educational grounds) engineering degree from India and a Masters degree from US. I am not sure if I beleive that others have got approvals thru this employer. What should I do? Am I entitled to see the financial docs and the denial letter? Can I seek the help of another attorney?

If we file a motion to reopen how long does it take for a decision to come through? The attorney say's the INS should make a decision within 60-90 days. Is this correct? Also he said the 485 needs to filed again as you cannot appeal the 485 denial.

I have 20 days to file a petition to reopen. Any advice/suggestions/comments?



Registered Users (C)
Look in this forum for a thread by UnitedNations which specifically talks about "ability to pay issues"