I-140 Intent To Deny

R

RaviKchhabra

Registered Users (C)
I got a letter entitled "Intent To Deny" from Dept of homeland security, I am scared so please help me understand it. My lawyer says something is wrong. I work in public company with very good financial position and I believe I meet all education and experience requirements so I am not sure, what triggered it. Here is the letter

This office is unable to complete the processing of your petition without further information. Please read and comply with the request below, then submit the evidence to the above address.

According to 8 CFR 204.5 © and/or 8 CFR 204.5 (1) (1) only a U.S. employer may file an I-140 for an alien. A U.S. employer is a US corporation doing business in the US, a USC, an LPR, or a resident alien who meets classification under the substantial presence test pursuant to IRC 7701 (b) (3). Please submit documentation that shows the petitioner is a U.S. employer.

Please submit the original form ETA-9089 which has been certified by Department of Labor.

Please submit evidence that alien meets any educational, training, experience, and/or other requirements designated on the labor certification.

Please submit evidence that petitioner has ability to pay the beneficiary the proffered wage as listed on the labor certificate from the priority date until the beneficiary becomes a legal permanent resident. Evidence of this may be either in the form of copies of annual reports, federal tax returns or audited financial statements. Additional evidence may be submitted in addition to the previously listed documents.
PLEASE HELP....
 
First off, don't panic :) Did your company file for labor certification before petitioning on your behalf?
 
Thanks for the response
Yes, my company filed (approved) my labor cert. I am surprised by the number of documents demanded by officer. It seems he did not get any document at all.

Thanks again
 
It looks like our documents got misplaced. We have to request for the USCIS to get a duplicate LC from the Dept of Labor. We have all other documents.
Thanks again
R
 
I - 140 Approved

I got an email update that my I 140 got approved. Thanks ENVISION for your help.
I have another question (somewhat unrelated), since my I 140 is with EB3 and there is a long queue ahead of me. So I was wondering if I could apply another I 140 with EB2.
Is it possible? what will happen to my approved EB3 application, if the EB2 application gets rejected.
Thanks
R
 
RaviKchhabra said:
I got an email update that my I 140 got approved. Thanks ENVISION for your help.
I have another question (somewhat unrelated), since my I 140 is with EB3 and there is a long queue ahead of me. So I was wondering if I could apply another I 140 with EB2.
Is it possible? what will happen to my approved EB3 application, if the EB2 application gets rejected.
Thanks
R
Click to expand...

If you are eligible to file EB-2 goahead and do it. who knows you might get approved. By chance if it does not click your EB-3 I-140 approval won't be affected. No harm in applying. Good luck
 
Ravi,

I would suggest you to check with your attorney or with the CIS Customer service as my attorney filed my case in EB3 instead of EB2 and when I asked them if it can be changed back to EB2, I was told that the EB3 application needs to be withdrawn and filed back with EB2 which may delay getting the green card. Besides, they also said I need to have it approved by my company HR as well. This was about 10 months back.


Mahesh
 
Second I 140 is allowed

Pl have a look
http://murthy.com/news/n_tscnsc.html

Second I-140 Allowed without Revocation of Earlier I-140 Petition
©MurthyDotCom
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
©MurthyDotCom
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing
 
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