My I-140 has been pending since Dec'03. I'm now planning to use AC21 to join the company where I have been working as a contractor for the past 20 months. So far I have received 3 APs and 3 EADs and have compeleted my 2nd FP (same with the spouse). I have just applied for my 8th year extn.
My current employer(sponsor of my GC) and my potential future employer have agreed to support me through this process. I'm depending on the 5/12 Yates Memo.
Based on my interpretation of the Yates Memo, I believe that AC21 should force USCIS to actually look into my file(I-140) that has been gathering dust. My case is currently under security check. They can now make a decision as to approve, issue RFE or deny my case (which they should have done a long time ago). If I don't take any action, they will eventually get around to it in, say, the next 1-5 years. At that time they would still have to either approve, issue RFE or deny my case. The under lying details remain the same, unless new laws change the way they process I-140s.
There are certain issues with my case. I'm using a sub labor. The PD for that LC is Feb 2002. The company showed losses for the year 2002 (shown profits since then). I have been working since Oct 2003 for the company. I was told that USCIS had rejected quite a few I-140s filed by my company with LCs that were applied in 2002 (they approved a couple of applications). The reason for denial, as per USCIS is that the company didn't have the means or ability to pay as they showed losses for the year in which the labor was applied for. This is a very narrow interpretation of the law. My company could amend the tax returns for 2002 (show receivables) and appeal the case but isn't inclined to do so (they want to avoid any issues with IRS).
Based on the above facts,
1) What is the worst case scenario if I use AC21 and my I-140 gets denied?
2) In the above scenario, what are my options?
3) Will I be able to switch to H1 and if so how can I go about doing that?
4) If the USCIS issues the ability to pay RFE, how should my company respond?
5) Has any one successfully appealed/replied to an RFE with ability to pay issue where the compant showed lossed in the year the LC was filed.
Sorry about the lengthy post. Any insight/advice will be really, really appreciated.
Thanks
My current employer(sponsor of my GC) and my potential future employer have agreed to support me through this process. I'm depending on the 5/12 Yates Memo.
Based on my interpretation of the Yates Memo, I believe that AC21 should force USCIS to actually look into my file(I-140) that has been gathering dust. My case is currently under security check. They can now make a decision as to approve, issue RFE or deny my case (which they should have done a long time ago). If I don't take any action, they will eventually get around to it in, say, the next 1-5 years. At that time they would still have to either approve, issue RFE or deny my case. The under lying details remain the same, unless new laws change the way they process I-140s.
There are certain issues with my case. I'm using a sub labor. The PD for that LC is Feb 2002. The company showed losses for the year 2002 (shown profits since then). I have been working since Oct 2003 for the company. I was told that USCIS had rejected quite a few I-140s filed by my company with LCs that were applied in 2002 (they approved a couple of applications). The reason for denial, as per USCIS is that the company didn't have the means or ability to pay as they showed losses for the year in which the labor was applied for. This is a very narrow interpretation of the law. My company could amend the tax returns for 2002 (show receivables) and appeal the case but isn't inclined to do so (they want to avoid any issues with IRS).
Based on the above facts,
1) What is the worst case scenario if I use AC21 and my I-140 gets denied?
2) In the above scenario, what are my options?
3) Will I be able to switch to H1 and if so how can I go about doing that?
4) If the USCIS issues the ability to pay RFE, how should my company respond?
5) Has any one successfully appealed/replied to an RFE with ability to pay issue where the compant showed lossed in the year the LC was filed.
Sorry about the lengthy post. Any insight/advice will be really, really appreciated.
Thanks