I140/485 rejection

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zimba99

Registered Users (C)
My friend has applied for GC thro his company, he came here in B2 and is working for this company for 5 years, in the mean time his company has applied for the GC. He got the EAD in Nov, 2002. He got a query for his I140 asking whether the company is eligible to pay his required salary for which the company provided the support that they can pay him.

Yesterday he got a mail from the INS stating that the appilcation for I485 is denied ( title 8 fed regulations sec 274 A.12 [c9] ). Form I485 is denied, thre was no reason provided thereby even I765 is also denied.

Can anyone provide some details regarding this. Your help is much appreciated.
 
how did they respond..

For I140 RFE how did they respond? Did they just send a support letter? Or was there a professional response with all the tax returns, and assets from all sides to show that they had money in excess of proferred wages every month since the LC was filed.

At this stage nothing much can be done just file a motion to re-open the case. However one has to give a different material evidence than what was provided, if not they summarily reject it.

Other option is to refile I140 with the same labor but with better paper work.
 
8 fed regulations sec 274 A.12 deals with CONTROL OF EMPLOYMENT OF ALIENS. You are missing something here. Your friend will surely get reason for rejection.

8 fed regulations sec 274 A.12 makes it mandatory to apply for EAD for some class of aliens. For the time being ask your friend to go thru:

http://www.ilw.com/lawyers/seminars/august2002_citation1.shtm

AND ESP:

May EAD be extended if I-140 denied? cf 8 C.F.R. 274(a).12(c)(a), allowing extension of work authorization if timely motion to reopen/reconsider under 8 C.F.R. 103.3 is filed and pending. Also see I-485 SOP Manual, pp.5-7, which confirms that concurrently filed I-485 should not be denied while an appeal of the I-140 filed with it is pending. Note: I-140 denial notices advise that such denial is not final until appeal or motion is adjudicated.

Ask him to prepare for Motion To Reopen.
 
9) Any alien admitted as a nonimmigrant spouse pursuant to section 101(a)(15)(K)(ii) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document, with an expiration date issued by the Service; (Added 8/14/01; 66 FR 42587) .
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Ref:
http://uscis.gov/lpBin/lpext.dll/in...lates&fn=document-frame.htm#slb-8cfrsec274a12


Was he converted into H1? Did he get new stamping? Or re-entered the country on H1?
 
zimba99 said:
My friend has applied for GC thro his company, he came here in B2 and is working for this company for 5 years, in the mean time his company has applied for the GC. He got the EAD in Nov, 2002. He got a query for his I140 asking whether the company is eligible to pay his required salary for which the company provided the support that they can pay him.

Yesterday he got a mail from the INS stating that the appilcation for I485 is denied ( title 8 fed regulations sec 274 A.12 [c9] ). Form I485 is denied, thre was no reason provided thereby even I765 is also denied.

Can anyone provide some details regarding this. Your help is much appreciated.
Click to expand...

Do you work for Informatica now?
 
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