I am devastated, UN (or anyone) please help...

unitednations said:
Raj, without knowing the details of what the company sent in to uscis it is difficult to know if you can overcome this on denial.

Three golden rules that you will get approved.

1) getting paid proferred wage from priority date

2) if actual wage is less than proferred wage then the difference can be made up from taxable income or (3) current assets-current liabilities on each year's tax returns equal to the difference between your actual wage and proferred wage for that years.

There may have only been a problem in one of the three years.

How many employees does your company have? Is there anyone else going for greencard at this company. These are other factors uscis takes into consideration.
Click to expand...

Hi UN, Please respond in detail ( I dont know what I would have done w/o U )

How can I achieve item # 1? (as obviously the priority date is past and getting paid proferred wage from that date is a PAST thing)
If I calculate the diff (proferred-actual) from 2001 till today it is atleast 3500/- diff for evrey yr. for the past 3 yrs. so it is 3500 X 3 = 10500/-, should I be paid this amt. as of today?

I do not understand item # 2, what taxable income? I do not have any other income than the pay cheque I get from my company.

As for item # 3, again if the companys current assets-current liabilities for that particular year is not equal to the diff (proferred-actual), what can we do as it is the past.
Can the company show that this yrs current assets-current liabilities equal to the combined diff (proferred-actual) 10500/- ?

BTW What it means by assets and liabilities?, my comapny mostly survives on funding, they just made profits from this June2004. There might be atleast 1.5 millions/per year(burn rate) invested in the company by the investors(is this a liability?) and the company would never make revenue in a year to overcome that 1.5 million.(is this an asset), If this is the case then there is no way that the company have generated money(revenue) for a given year or even combined for the last 3 yrs (from my priority date) to show a postive net calculation.Does it mean that given that priority date/that LC and my companys history for the past 3 yrs I cannot overcome the 140 deinal?
Am I missing the point here?(Hope I am).

BTW My company is doing good for hte past 6 months and expecting more good things from now on(with the new name), will this help. In other words we cannot change the past we have a could present/future can we use that?.

thanks
-Raj
 
unitednations said:
Calculate the difference between actual pay and proferred wage. If the difference can be made up by the most recent cash balance in bank statement you may get approved
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Well this is very encouraging, as of today say the diff ((proferred-actual) is 10,500/- then Today if my company can show a bank balance of more than 10,500/-, it should be fine?Irrespective of the current assets - current liabilites over the years caculation? please confirm.
 
Hi UN, Finally I got hold of my lawyer.

He is very pessimistic, he thinks that once they deny, even in motion they might not approve, He says that he cannot think of anything new then what he submitted in our RFE(though he showed +ve cash flow). Then I told him abt the medical benefits and how it can be added to my wage from companys point of view, he was impressed. But still said that he will fax me what he sent to INS for RFE and asked me/companys accountant to come up with any points to add so now the responsibility is completely on me.
I compiled a document based on your sticky thread. I will go through that and try to come up with relevant points speicifc to my case to add (in addition to the list the lwyr added for RFE).

I will discuss with you the points what was sent to INS for RFE(my lwyr fax) and what I am planning to add, at this point I need ur complete help to go through the list and suggestions.

The final date to submit is Oct 20.

thanks
-Raj
 
OK, I know I spent a lot of time in preparing the document and to cut it short as much as I can. I will send that document to you to your e-mail today. Let me know If I have covered the main points. Then tomorrow I will receive my lawyers fax(RFE response), I will send that to you along with my complete case-details and u devise the strategy for me.

thanks
-Raj
 
Also
I think for my company there is no
- No taxable income (no profits ever)
- curr asset - curr liabilities will always be -ve (we cannot generate revenue to overcome the of funding/investment we get every yr/month).

I am left with only one thing to prove
-Being paid proferred wage (show it with bank balance,add emply benefits, etc, anything more here PLEASE TELL ME).


When calculating diff(proferred-actual) against other arguments like additonal
medcial benefits, companys bank balance, etc Is it better to show the calculation month-month/yr-yr/ or in total from priority date till today. (I get a consistent pay check through out)

Do we have to submit the list like
- Taxable income/net income.
- Current assets-current liabilities.
- Tax returns of employer.
- Audited financial statements.
- Annual Report.
- Bank Statements.
even if some are not helping the cause(eg: curr asset-curr libilties will always show -ve becos of funding every yr/month).


thanks
-Raj
 
UN, Please answer one by one.

Yeah, I agree I have only these two options and moreover I think that option number # 2, with bank statements showing the diff, might also have been a part of the initial RFE (may be in a diff way like yr-yr). Now I will put option # 2 with month-month OR Qtr-Qtr OR Yr-Yr OR overall whereeve I can see the balance greater(equal) to diff. CORRECT? And if none of them works out then should I totally ignore this option.

I will also put option # 1. ( I can do both right?).

You didnt answer this Q of mine
Do we have to submit al the items in the list (look above) even if some are not helping the cause(eg: curr asset-curr libilties will always show -ve becos of funding every yr/month).

BTW How do know that "It looks like uscis has all the information"?.

thanks
-Raj
 
UN/Raj, please post to this thread and give the details of what you guys finally came up with. My case is very similar to Raj's case - it hasnt been adjudicated yet but the circumstances are so very similar. My company is also a startup with almost no profit and everything coming from funding. My attorney had cautioned me on a definate RFE and we were hoping that conditions get better till we get an RFE to be able to respond appropriately. Please fill me in on all the details so that I can be prepared. Thanks UN - u r absolutely amazing !!
 
unitednations said:
Thanks for the compliment. I don't know if you have checked out my"sticky" ability to pay thread in the vermont 140 service center. There is a considerable amount of information there. Check it out and then ask relevant questions of your employer. Be ready in advance.
Click to expand...

Thanks. Yes I have. But my issues are - it doesnt meet any of the criteria that you pointed out
-- My company doesnt have 100 employees
-- Not really sure what you imply by "proferred" wage. My 140 is under EB1-C manegerial category, so there was no LC and hence to wage determination. However my current pay is below the promised wage on the 140 application. Im not sure the difference in pay can be negated by showing that the cost to the company by employing me is more as I have always been working for this company (since i was transferred here on an L1), or substantiate it with the payback for unused leave days.
-- points 3 and 4 dont work as my company derives its money from external funding so net income is negative and current liabilities are greater because of the external funding loan.

So at this point I am at a loss of how we would respond.
 
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LUD for my case (140/485) before today was

140--Last Updated:09/21/04
485--Last Updated:09/21/04

This makes sense as 09/20/04 is my 140 denial notice(decision mailed)

However today it is changed , it is

140--Last Updated:10/19/04
485--Last Updated:10/19/04

I am just wondering if this means anything, we didnot even send our Motion(we wil send it out today), is there any kind of activity they might have done on my case(s), however the status msg(s) is the same old one.

just worried if they have taken any decision before even considering my appeal.

-Raj
 
I received 2 receipts (WAC #s) from INS one for the Motion and one for the Appeal.

I checked the online status for these
Motion: RD=Oct20, ND=Oct25, LUD=Oct26, Msg='We will mail u.....'
Appeal: RD=Oct20, ND=Oct25, LUD=Oct26, Msg='We will mail u.....'

Now, what should I expect?For positive response what will the msg be updated to?, etc.

thanks a lot
-Raj
 
Remember, If your application is transferred to AAO, then it may take a very long time to hear from them, may be a year or more.
 
unitednations said:
Positive: your application has been reopened on a bcis motion
negative: your application has been forwarded to AAO

Note: follow the 140 message. if your application gets approved the motion and appeal will not get updated but the 140 will.

If your appeal is forwarded to aao then appeal and 140 message will be updated.
Click to expand...
UN,

Is it a usual practice to get two new Receipt Numbers one for MTR and another for Appeal? I thought an appeal is treated as a MTR first and then as an appeal. Why two tracking numbers?

Thanks, dazzling
 
unitednations said:
I believe his lawyer went a different route.

He filed a MTR (290a)
Then he filed an appeal (290b)

Usually lawyers file MTR with appeal.

I don't know why his lawyer went for this strategy. Most of the time if you just go for MTR the strategy is to get feedback from adjudicator why they thought the new information wasn't good enough. Then you could address that in the appeal.

The only thing I can think of is that when you file just MTR, adjudicator has six months to make decision. If you file mtr/appeal, the adjudicator only has two months to decide on the mtr before they send appeal to aao.
Click to expand...

The receipts are

MOTION TO REOPEN BEFORE THE COMMISIONER
CASE TYPE: MOTIC

NOTICE OF APPEAL TO THE COMMOSIONER
CASE TYPE: 1290B

- Is there anything wrong with the applications/receipts?
- Did my application went to both the motion and AAO?what are the disadvantages?
- Does this mean that it can still be approved by the initial adjudicator in motion (If he decides to do so instead of transfering it to AAO)?
- Do the online msgs mean that the initial adjudicator already decided not to approve himself and hence transfered it to AAO?
- In general one would just do a MTR and then that adjudicator will deicde whether to approve it or send it to AAO? but here my lawyer send it to AAO also along with MTR just to gain some parellel processing time at AAO in case the MTR does not approve it, PLEASE CONFIRM THIS?

thanks
 
rcodavali said:
The receipts are

MOTION TO REOPEN BEFORE THE COMMISIONER
CASE TYPE: MOTIC

NOTICE OF APPEAL TO THE COMMOSIONER
CASE TYPE: 1290B

- Is there anything wrong with the applications/receipts?
- Did my application went to both the motion and AAO?what are the disadvantages?
- Does this mean that it can still be approved by the initial adjudicator in motion (If he decides to do so instead of transfering it to AAO)?
- Do the online msgs mean that the initial adjudicator already decided not to approve himself and hence transfered it to AAO?
- In general one would just do a MTR and then that adjudicator will deicde whether to approve it or send it to AAO? but here my lawyer send it to AAO also along with MTR just to gain some parellel processing time at AAO in case the MTR does not approve it, PLEASE CONFIRM THIS?

thanks
Click to expand...
I am not trying to scare you, but I had a chat about this with my attorney and she told me that we should not do a MTR and Appeal seperately. I asked her why and she told me on one filing there should be only one thing that should be pending at a given point of time. You can however file a new 140 on the same labor and in fact she recommended me to do that. She belongs to a very reputable law firm.

If you take my personal opinion, I was not too convinced with her argument. In the appeal, your file will be sitting in a shelf catching dust for atleast 6 months. A MTR however is decided more quickly. So it does not matter even if you filed a appeal seperately.

The only advantage I see in filing MTR and appeal as one is as UN stated that in this case, the adjudicator has only 60 days to make a decision. Well in some cases that time may be too short and it may actually work to your disadvantage. So no definite answer if this is good or bad. The only thing I can say is wait, pray to GOD and have a backup plan.
 
I asked my lawyer this question

"Is there a reason why we filed the MTR and APPEAL separately instead of MTR with APPEAL?."

His response was

"
YOU ARE GETTING YOUR JARGON MIXED UP.

MOTION AND APPEAL ARE SEPARATE FILINGS.

THEY HAVE SEPARATE $110 FEES.

SERVICE CENTERS REPORTEDLY REVIEW APPEALS BEFORE SENDING THEM TO APPEAL BOARD AND WILL REVERSE THEMSELVES IF THEY THINK THEY SHOULD. SO AN APPEAL FUNCTIONS LIKE A MOTION BECAUSE YOU GET, OR AT LEAST THAT’S WHAT’S REPORTED, A SECOND LOOK WHEN THE APPEAL GOES IN. IF THEY DON’T REVERSE THEMSELVES, THEY JUST SEND THE FILE ON TO APPEAL BOARD.

MOTION HOWEVER RESULTS IN A SEPARATE DECISION BY THE SERVICE CENTER. NOT A BIG DIFFERENCE, BUT PRUDENT TO DO FILE BOTH
"
 
I just checked online status and LUDs

Appeal: LUD : Oct 26 2004.
140 : LUD: Nov 3 2004., status msg: Unchanged.

looks like they did touch my 140 on MTR/Appeal, is this a postive resposne.?
I am so tensed
 
rcodavali said:
I just checked online status and LUDs

Appeal: LUD : Oct 26 2004.
140 : LUD: Nov 3 2004., status msg: Unchanged.

looks like they did touch my 140 on MTR/Appeal, is this a postive resposne.?
I am so tensed
Click to expand...
I wish you best of luck Raj .. dont get tensed .. it is out of your hands .. remember you did the best you could ...
 
UN/All

LUD for 140/485 EB2 conc 01/22/2004, changed on 11/02 and 11/03, no msg change though..havent heard anything so far

I recently applied for EAD and AP renewal and my lawyers received a receipt email on 11/03

Do you think the LUD may have changed due to that?
By the JIT schedule my case should be adjudicated anytime..so I am getting very impatient and concerned

I have been a silent reader of this forum until last 10 days...
 
ss1123, findgc

I have seen post by findgc that his 140 & 485 lud have been updated to 11/04/04. Looks like there is some processing going on. His 140/485 ND is 02/19/04. So looks like it is 3 of us in this boat, guess have to just wait and see. What I am surprised by is that a colleague of mine whose 140 was filed a couple of weeks b4 mine hasn't got his LUD updated.
 
485_Pending

Well, there are several cases that I know of are atleast touched or approved, way ahead of their JIT dates.

There are couple people on this forum who were approved on Nov 3, their LUDs did not change, they just got emails....

Just hoping that it was not another false alarm like LUD 10/27.....and also it is not due to EAD and AP renewal

I am trying to get myself out of this rollercoaster mental...stress

Please post as soon as you have something
 
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