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

R

rcodavali

Registered Users (C)
Hi, UN and every one I am concerned/worried/nervous please help me out here, ur response(clearly/detail) to all my Qs is what I need now. My 140 is rejected and my H1-B expires in May 1 2005.Please read my case carefully and let me know if there is anything that might cos trouble (like i dont have H visa in my passport, etc.)


My status
- H1-B expiry May 1 2005.
- I do not have a valid H visa stamp on my passport.
- LC for GC approved.
- EAD/AP approved.
- Finger Printing completed in April04.
- RD/ND for 140/484 Oct 7th 2004.
- 140 RFE received and completed in April04.
- USCIS acknowledged 140 RFE.
- 485 ternimated as 140 is denied (still did not receive the 140 denial dated Sep 20, may be lost in mail).
Reason: I think Ability to pay, though My company did a very good job in submitting all the docs necessary to satisfy INS.
- Filing date for back up(another LC so that if 140 is rejected we can still file H1-B ext on another LC pending over a year) Labor Cert. April 30 2004.


My current H1-B expiration May 1 2005.
Filiging date of back up Labor Cert. April 30 2004.

Subtract filing date from H1-B expiration = 1 year exactly.
Does it mean that I do not have to be in any intermediate status( eg: B2-status) ?.

If this is true can I apply my H1-B ext ( based on the new LC pending for exactly a year) on Nov 1 2004(6 months before the expiry) in premium processing and secure the H1-B ext starting form May 1 2005 for another year immediately?

In any case I should appeal 140 immediately , even if we dont have 140 denial but using the 485 termination reason, correct?

How do I get my 140 denial notice?(assuming its lost in mail)?

My company is changing its name pretty soon, What impact will it have on my filings if this happens?

Can you please in details list things I need to do chronologically immediately?

I am seeking my lawyers help but he is not as responsive(responsible) as this forum ppl.

thanks a lot guys...
-Raj
 
Raj,

Sorry to hear that.. You should appeal for I-140 and file for H1-B 7th year on basis of second LC filing. Name change of company should not have any affect as long as the new company is successor-of-interest.

You said your case was denied on Sep 21, how did you know today(oct 4th) it was denied when u did not receive the denial notice/emails.. What does your case status say online.
 
My lawyer received 485 termination notice today (stating that 140 is denied on Sep 20), thats how we know that 140 is denied.

LDU 140/485: Sep 21
Status msg: Nothing reg. denial/termination, same old msg.

Again, UN I am waiting for ur comprehensive reply.

thanks a lot cscwaitlong, please keep me posted.

-Raj
 
rcodavali said:
Hi, UN and every one I am concerned/worried/nervous please help me out here, ur response(clearly/detail) to all my Qs is what I need now. My 140 is rejected and my H1-B expires in May 1 2005.Please read my case carefully and let me know if there is anything that might cos trouble (like i dont have H visa in my passport, etc.)


My status
- H1-B expiry May 1 2005.
- I do not have a valid H visa stamp on my passport.
- LC for GC approved.
- EAD/AP approved.
- Finger Printing completed in April04.
- RD/ND for 140/484 Oct 7th 2004.
- 140 RFE received and completed in April04.
- USCIS acknowledged 140 RFE.
- 485 ternimated as 140 is denied (still did not receive the 140 denial dated Sep 20, may be lost in mail).
Reason: I think Ability to pay, though My company did a very good job in submitting all the docs necessary to satisfy INS.
- Filing date for back up(another LC so that if 140 is rejected we can still file H1-B ext on another LC pending over a year) Labor Cert. April 30 2004.


My current H1-B expiration May 1 2005.
Filiging date of back up Labor Cert. April 30 2004.

Subtract filing date from H1-B expiration = 1 year exactly.
Does it mean that I do not have to be in any intermediate status( eg: B2-status) ?.

--------Yes, you will not have to switch status. However, you cannot file 7th year extension based on this labor until the labor has been outstanding for 365 days. Therefore, you cannot apply until April 30, 2005. Not one day before as uscis will deny extension. If you apply one day later you will lose h-1b.

If this is true can I apply my H1-B ext ( based on the new LC pending for exactly a year) on Nov 1 2004(6 months before the expiry) in premium processing and secure the H1-B ext starting form May 1 2005 for another year immediately?

----------No. USCIS has changed their position. You cannot apply until the labor has been oustanding for 365 days. If it has been outstanding for more than 365 days then you could apply at the maximum six months before expiry of h-1. Important part is that labor has to be outstanding for more than 365 days at the time of filing the extension.

In any case I should appeal 140 immediately , even if we dont have 140 denial but using the 485 termination reason, correct?

-----------It's difficult to appeal 140 unless you have the denial notice so that you can now why it has been denied. You have 33 days from the date of the letter. If somehow you don't get the denial letter in time, you can appeal and say that you will be submitting a brief later.

How do I get my 140 denial notice?(assuming its lost in mail)?

----------employer or attorney is going to have to call the 1800 number. I know you said you checked with attorney. Your employer should have received a copy. You will not get it sent directly to you.

My company is changing its name pretty soon, What impact will it have on my filings if this happens?

---------no problem it will be a successor of interest.

Can you please in details list things I need to do chronologically immediately?

--------Get a copy of 140 denial letter. If it is ability to pay see my sticky thread in vermont 140 service center and devise your appeal as necessary.

--------if 33 days goes by send in 290b appeal saying brief will occur later.
--------once you appeal 140 denial, you can still get 7th year extension on the labor used for this 140 filing as long as the appeal hasn't been adjudicated by the time the extension is adjudicated. In this scenario you can apply six months early. I would use premium processing for this one. If somehow the appeal is denied but your 7th year extension has been approved you can still work on the 7th year extension. Any subsequent extension you may need, you can use the new labor as it will have been outstanding for more than 365 days by that point.

I am seeking my lawyers help but he is not as responsive(responsible) as this forum ppl.

thanks a lot guys...
-Raj
Click to expand...


See ----------

Sorry to hear by the way.
 
Once I get hold of the 140 denial notice, Should I appeal myself or ask the lawyer to appeal (the last time he responded to RFE he took $1500/-). Actually I want things done to be perfectly even if the lawyer takes more money.

And If decided to go with the lawyer shall I give ur Sticky thread info to him(but this is for Vermont, does it matter?).

Say my current company name is 'A', have H1-B/paychex/W2 for 'A'.
Orig LC filed with company 'A'.
Backup LC filed with company name 'A'.

If say on Oct 15th my company changes name to 'B' (successor of interest to 'A'). Is there any thing I need to do reg. my H1-B as my new paycheck will be from 'B' there onwards?.
and If I need to extent H1-B on this Orig LC (appealed 140), on what name will this H1-B ext be applied for?.and while appealing 140 do we have to specify the name change?.

thanks
-Raj
 
So the answer is 'I should ammend my current H1-B if my company changes name'. How soon/later can this be done? Shall I fire the application to ammend succesor of interest to my current H1-B immediately after the name is changed legally? and Will the INS respond with some kind of document to approve the ammendment where both old and new company names are present?.

thanks a lot
-Raj
 
unitednations said:
Raj, you are being too consumed by the name change issue. This is the least of your worries right now. When the name is changed then amend h-1b with the successor of interest documents. Why wait for the RFE it will only delay the process.
Click to expand...

OK, I will not do anything reg. my curr H1-B and when the name is changed I will have the lawyer to ammend H1-B with the successor of interest documents. BTW What RFE are u talking abt, I did not say that I will for RFE to ammend my H1-B?
 
unitednations said:
I was talking about the case where you amend the h-1b for the company name change without giving details to uscis. If you just submit a name change without details they will come back and ask more questions. Your lawyer I'm sure will send the correct documents when it is time.
Click to expand...

I am not planning to ammend the h1-b w/o full details. I was just enquiring if I nned to be preapred with something or will it be too late noce the name is changes. but looks like not.

thanks a lot UN...I keep u posted ...and hoping for more help...
thanks again.

-Raj
 
UN Does it matter, I mean 29th april is Friday...so They might receive it on 30 april Saturday...Will they accept it...

-Raj
 
Hi, UN and others
I could not sleep yesterday night.

Here are some of my concerns.
My online status msg: unchanged (no info reg. denial)
LUD: Sep 21 04, did not receive any e-mails also reg. any status.

Why did it get denied:
Is it normal to deny someone for a RFE on 'Ability To Pay', my company did a great job in presenting the papers, howevr at that point it was not really profitable on paper(only potential deals), now it its profitable for this quarter on paper too. Did the lawyer screwed in presenting the package?(though good work from my company). Is it totally abnormal to be deined like this.(I am in status at all my stay in US,with all proper paper work at all times, no mistakes from my side, was legal student, legally employed,etc.)

Similar case:
Has someone gone thru this state, I mean is there a case similar to mine and what was the final result, is it possible to get approved on the appeal(my company is financially doing better than the RFE response date).

Lawyer change:
My lawyer is not responsive in answering my Qs (but that doesnt mean that he is not doing good), He who was prompt it filing that back LC, I did not get that idea. Having said all this since there was an RFE on my 140 and then later it is denied, I am inclined to say that my lawyer is responsible for my curr situation, I dont know if I am right or wrong, u tell me. I have to appeal within 30 days of my 140 denial dated Sep 20, we still dont have the denial notice nor we know that if this date is the notice date or mailing date, which date will they take into account for the 33 day limit on appealing. do u think given my situation I should try to change lawyers? please tell me?.

OK UN, as soon as we file the appeal, I will ask my lawyer to file H1-B ext. (hope the 140 appeal state is a valid state for applying H1-B ext.) and also My employer/lawyer did not receive the 140 denial notice yet.

thank u all for beign with me and listening to me.
-Raj
 
UN, please read my above post under 'Lawyer Change' and please advice if I should try to change my lawyer at this time ( I pinged him so many times already that we dont have the 140 denial notice so what r we doing since time is running away, there is no reply from him).

And also I cut and paste some portions of ur thread, shall I fwd that portions to my lawyer, do u think it will be useful to him with things that he already does not know?

thanks
-Raj
 
unitednations said:
I know you want to do things correctly. However, you don't want to spend money unwisely. Since this lawyer responded to RFE he would have to come up with other arguments in denial notice. These days in denial notice, it doesn't seem uscis is discussing why they did or did not take certain evidence into consideration. Their essentially just denying and saying there is no ability to pay.

Rajiv, replied in my thread and thanked me for the education. You can send him the link but he'll charge you a hefty amount for reading it. Get your employer to ask for duplicate from uscis by calling the 1800 number. Even if somehow you cannot appeal due to timeframe, not all is lost. You can still apply for new 140/485 based on better evidence, or you can just wait for the other labor to get approved and apply 140 on that one.
Click to expand...

So here is what you want me to do (please confirm in detail one by one)
- Do not change the lawyer as it will be difficult for the new one to understand the whole RFE case.
- Somehow I make sure that atleast some imp. info from ur sticy thread is read by my lawyer.
- Call 800 num for duplicate by the employer.
- If time is running away then send in 290b appeal saying brief will occur later.
- Even if this doesnt work, apply new 140/485 based on the old LC, however this time around support it with ability to pay(same stuff what we did for RFE and also what we would have done if appealed and more)

BTW How do I know when the 140 denial notice is dated as I/lawyer/employer did not received any info reg. 140 yet, only that the lawyer recvd 485 termination w/ reason 140 denied that is dated Sep 20, is this the denial notice date , does it mean that I have time only till Oct 23rd., please confirm.

If you think I am asking the same Qs again and again, please bear with this state of my mind.
thanks a lot
-Raj
 
Hi UN..
My lawyer just mentioned to me that we dont need the 140 denial notice to file 'Notice to appeal'. Could he be right and knows what he is doing?
 
UN,

My lawyers quote for RFE.

"
INS wants additional evidence that company can pay salary of $83,810 as of
May, 2001 and continuing to present.

Need to show company had enoug money to pay difference between W-2's and
$83,810

Your 2001 W-2 shows $79,166 (actually my salary is 80 K the diff I think is the medical benefits I pay)
Your 2002 W-2 shows $77,246 (actually my salary is 80 K the diff I think is the medical benefits I pay)
"

My questions is say incuding 2003 the difference is
2001: 83,810 - 79,166 = ~3000
2002: 83,810 - 77,246 = ~6000
2003: 83,810 - ~78000= ~5000
= ~14000/- (total)

Do my company need to show that its outstanding balance in the bank including all liabilties taken into account is more than 14,000/- ?
Is this the bottom line.

-Raj
 
I dont know exactly but I guess here is the list

This RFE response was in April 2004
- 2001 and 2002 tax returns with all schedules, tables and signatures or audited financial statements
- Bank statements for every month from May, 2001 to present showing enough cash on hand
- Candidates 2003 w-2/pay stubs.
- Convincing letters from CFO/CEO for employment guarantee and to pay the diff.
- Some potential deals/projects.
- etc

BTW
- When I am in the appeal stage is my EAD/AP valid, does it mean I can work for anyone using my EAD and also travel w/o visa using AP?.
- Can my wife work using the EAD?
- Approx. how long does it take for USCIS to get back on the 'Motion To Appeal'.?

thanks
-Raj
 
THe problem could be that though the company sent everything the lawyer asked for and more.

The final calculations (numbers) like bank balance or assets-liabilities,etc and what not did not meet the quidlines of USCIS (say couldnt show the diff in pay ~14000/- cash literally),(As basically ours is startup co. did not make any profits and mostly survives on funding and the revenues never meet the burn rate.)
Could this be it?

My company is doing a lot better from this mid-yr. in terms of cash flow, do u think it will help for my MTR?

BTW I think I only have 15 more days for the MTR (denial dated Sep20), no instructions from my lawyer yet, do u the lawyer will ask my company to do the same thing what they did for my RFE, go thru all the tuff, etc. or will he ask only the new stuff?

-Raj
 
I have one more Q,

How much do u think is fair fee to pay my lawyer for this MTR?

Previously just for the RFE he charged me $1500/-

thanks
-Raj
 
If we apply for new 140/485, will my already approved EAD/AP (for the 140 which is now in appeal stage) be of no use for me and my wife?

Do I need to get a new EAD/AP for the new 140?

-Raj
 
UN, to brief in again to maintain all my info at one place.

My priority date(Labor Cert app date) : May 2001
Final adjucation date: ???
Proferred Wage (prevailing wage): $83,810
ACtually wage: 80,000


- H1-B expiry May 1 2005.
- I do not have a valid H visa stamp on my passport.
- LC for GC approved.
- EAD/AP approved.
- Finger Printing completed in April04.
- RD/ND for 140/484 Oct 7th 2004.
- 140 RFE received in Dec 2003 and completed in April04.
- USCIS acknowledged 140 RFE.
- 485 ternimated as 140 is denied (still did not receive the 140 denial dated Sep 20, may be lost in mail).
Reason: I think Ability to pay, though My company did a very good job in submitting all the docs necessary to satisfy INS.
- Filing date for back up(another LC so that if 140 is rejected we can still file H1-B ext on another LC pending over a year) Labor Cert. April 30 2004.


RFE: Ability To Pay
INS wants additional evidence that company can pay salary of $83,810 as of
May, 2001 and continuing to present.Need to show company had enoug money to pay difference between W-2's and $83,810.
Your 2001 W-2 shows $79,166 (actually my salary is 80 K the diff I think is the medical benefits I pay)
Your 2002 W-2 shows $77,246 (actually my salary is 80 K the diff I think is the medical benefits I pay)

Company Submitted (approx. docs):
This RFE response was in April 2004
- 2001 and 2002 tax returns with all schedules, tables and signatures or audited financial statements
- Bank statements for every month from May, 2001 to present showing enough cash on hand
- Candidates 2003 w-2/pay stubs.
- Convincing letters from CFO/CEO for employment guarantee and to pay the diff.
- Some potential deals/projects.
- etc

140 got denied on Sep 20 2004.
Possible reason:
The final calculations (numbers) like bank balance or assets-liabilities,etc and what not did not meet the quidlines of USCIS (say couldnt show the diff in pay in cash literally),(As basically ours is startup co. did not make any profits and mostly survives on funding and the revenues never meet the burn rate.)

Current company situation:
My company is doing a lot better from this mid-yr. in terms of cash flow.

Now for the MTR(which I have to file by Oct 22nd):
UN, for my particular case,

- What are the list of things I should be submitting?
- What do u think I should suggest the lawyer/employer while they are preparing the appeal packet this time around?
- What are the pointers I should be looking for to meet the USCIS requirements?(When the lawyer finishes the package).
- Does it help that from now on if I ask my co. to pay me proferred wage (I will tell them that I can pay that extra money before taxes).
- Is it possible that no matter how much I manipulate I can never reach USCIS requirements as long as I am with this company?.

thanks
-Raj
 
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