I140 Denied - Motion to Reconsider and reopen- HELP

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parvardigar

Registered Users (C)
My lawyer filed a MTR to open a reconsider for my cousine. This appeal is sent to AAU in Washington DC. If anyone has been through this, please answer following question:

1) How long does it take to receive the decision?
2) Is there any hope to get it approved? Or we'll be back to waiting game
3) This appeal was sent to AAU in Washington as we had just received the notice two days prior to sending the reply back to VSC(33 day rule). Is it faster/easy to get it approved from VSC where we filed or from AAU in DC?
4) Can we file another I140 parallay while waiting for this descison with same
approved labor?

Some Details:
I 140 filed on 2/28/2003 - VSC- EB2
RFE - Eduacation Eval + Company's ability to pay- End of Oct.2003
RFE Replied --Dec. 3rd 2003
I 140 Denied on 5/17/2004

Appealed to AAU, Washington DC - 7/14/2004...With Eval done with another Evaluation Company "Bachleor of Science in Computer Science". Ability to pay was never a problem but they thought otherwise. It's a consulting company whose net value is just 20K, they failed to understand that it's a service business and money is genarted from placing candidates. But company has been profitable every year since inception(98) and has an average gross income of 500K and avg.profit of 80K.
 
parvardigar,

Can you post more details why the I-140 was denied(Education Eval or Company's Ability to Pay). I tried looking at your posts and didn't find the exact wording for your RFE
 
500,000 revenue? and 80,000 profit are too low. A company with less than 10 person is considered under-capital. I think the denial is legitimate.

I had friend with such problem. eventually she got out because her boss post a personal guanrantee on the pay ( I am not sure how that played out, but she did get I-140 ). You should talk to your lawyer about this.
 
May be your case might have denied bec's of your EB2 = Education Eval...

A case similar to yours is approved [His co. is less than your company]

-------------------------------------------------------------------------

140 ND 6/1/03 AD 7/13/04
EB2
I-140 RFE received 3/30/04 (company’s ability to pay)
Filed another labor with the same company on 3/5/04 before 385 days of my H1-B 6th year

RFE Replied 6/23/04
The Following document submitted:
Company's year 2003 tax document
notarized company’s financial statement
my 2003/04 W2 and all 2004 pay-stubs

Very small product company
Revenue 300K-400K
Company’s Profit (for all year) < my LC salary
2002 W2 $5K less than LC Salary
2003 W2 $9.5K less than LC Salary
2004 salary = LC salary
--------------------------------------------------------------------------

http://www.immigrationportal.com/showthread.php?t=134098

You can fight..if your education is fine...for EB2...

inPhilly said:
500,000 revenue? and 80,000 profit are too low. A company with less than 10 person is considered under-capital. I think the denial is legitimate.

I had friend with such problem. eventually she got out because her boss post a personal guanrantee on the pay ( I am not sure how that played out, but she did get I-140 ). You should talk to your lawyer about this.
Click to expand...
 
Thanks for the replies,
My main questions are still not answered: If someone been there in a same situation, please shed some lights:
1) How long does it take to receive the decision?
2) Is there any hope to get it approved? Or we'll be back to waiting game
3) This appeal was sent to AAU in Washington as we had just received the notice two days prior to sending the reply back to VSC(33 day rule). Is it faster/easy to get it approved from VSC where we filed or from AAU in DC?
4) Can we file another I140 parallay while waiting for this descison with same
approved labor?
 
My main questions are still not answered: If someone been there in a same situation, please shed some lights:

***Yes, I was in same situation....

1) How long does it take to receive the decision?

****From AAU, it takes 6-12 months to get a decision. Mine(EB2) took 9 months

2) Is there any hope to get it approved? Or we'll be back to waiting game

****Normally in AAU, the approval rate is less than 10%.

3) This appeal was sent to AAU in Washington as we had just received the notice two days prior to sending the reply back to VSC(33 day rule). Is it faster/easy to get it approved from VSC where we filed or from AAU in DC?

***I am not getting this. Can you give it in detail?


4) Can we file another I140 parallay while waiting for this descison with same
approved labor?

*** Same Approved Labor??? I don't know about this. I filed from diferent company. If you have another approved labor, then you may file I-140/I-485 now. If you get approved in AAU, withdraw the new case.


Naanshi
 
Parvardigar

It seems like you case is denied because of education qualification. My case was approved after the RFE (company’s ability to pay ).

sree1965, thanks for sharing my case information.

Company’s size doesn’t matter at all for I-140 approval or denied. As long as you are getting paid the salary mentioned in your LC and your company is profitable, you should not worry about a company’s ability to pay RFE.

I saw a lot of cases getting approved in the I-140 forum for very small company. And for last a couple of months I haven’t seen any denial (except for one/two) because of a company’s ability to pay RFE.
 
Hi Parvardigar,

sorry to hear.

Applicant had his/her B.E in "computer science" field OR something else?

much appreciated.
 
Special thanks to Naanshi and all who replied.

Naanshi:
3) This appeal was sent to AAU in Washington as we had just received the notice two days prior to sending the reply back to VSC(33 day rule). Is it faster/easy to get it approved from VSC where we filed or from AAU in DC?

***I am not getting this. Can you give it in detail?

.....What happened here was that the lawyer's partner was out in China and had his mails on hold. Thus lawyer got the denial letters in hand almost after a month. To appeal, you've to file I290B. This form states that if you appeal within 33 days then mail the application back to the center who denied your case(VSC) was in our case. But if you just send a reply without a brief and evidence before 33 days then you have one more month to reply but brief/evidence has to be mailed to AAU in Washington DC. It's explained in the instruction of this form.

My question was: In your case, did your lawyer reply within 33 days(to service center) or he waited and then sent everthing to AAU in washington DC.

Prgc: My cousine had five years of college(Msc.) and lots of computer courses. He's Oracle Certified/MCSE and has been working in the computer field for last four-five years.

We got his Education re-evaluated and it states "BS in Computer Science" which earlier showed Master in Botany. I'm crossing my fingers and praying!!
 
To me it seems like a simple case of credentials. It should not have applied in EB2 category in first place. Pull the application and re-apply in EB3 category.
 
parvardigar said:
My question was: In your case, did your lawyer reply within 33 days(to service center) or he waited and then sent everthing to AAU in washington DC.
Click to expand...

My Attorney replied to the service center within 33 days. After 7 months, service center forwarded it to AAU.

naanshi
 
Hello Guys

My 140 case got denied last week from VSC on grounds of company financials. The details of my case are as follows:

140 EB3 applied on Oct 29 2003 at VSC. Labor shows an salary of 60K and was applied in November 2002.

My company in 2002 tax returns showed an loss of $2000 and an revenue of $1 million. It even showed Current Liability more than Current Asset in the IRS form for tax filing. But the company is paying me $43K and i have all the paystubs and W2 to support that. Our company has a credit line of 75K which was never used and all bank statements shows +ve balance all the time.

My Q is my lawyer while filing 140, never submitted my paystubs or W2. I was wondering if the certifying officer looked at teh financials from the point of company able to pay 60K or the difference (60K - 43K = 17K).

now what should i do. guys please tell me how good at the chances that my motion to reconsider or motion to reopen will be considered. we are kind of banking on the 75K credit line and showing that i had been paid all the time money. even the company is in loss in 2002, but they had been paying me all the time. now the company is making profit and we have got some government project also, we can show that.

please advice if i should show that i am person responsible for taking care of government projects. will this word FEDERAL GOVERNMENT make a difference in the appeal letter.

or what else can we do???????????????????????????????????? what are ur guys feeling. i dont want my case to be sent to AAU, it is a horrible possition if it goes to AAU. i have prayed a lot to god to make that VSC officer to reconsider my case and approve it.

thanks

vicky
 
As per the AILA and also Rajiv Khanna, you can apply for Motion to Reconsider as well as new I140.

Consult a good lawyer, make a convincing covering letter.

If the company is owned by single person, you can show his personal assets and Tax return too to support the case.

m1234
 
pls help

Hello Guys

I am also in the same boat as you guys. the details are as given below

LCA salary 60K
140/485 applied on October 29 2003
140 Denied on July 8th 2004 (company ability to pay)

The situation is my company faced minimul loss in 2002 of $2000 and my employer has shown current liability more than current assest in the tax returns for 2002. But the argument is always taxable returns are different than the company real profit and loss statements. we also have a credit line of $75K which was never used. the company always had +ve cash balance in 5 figures in the bank. we are producing these records with our Appeal/MTR..

my attorney did not send my w2 or any paystub with 140 application. i am currently getting paid $43K which is $17 less than LCA wage ($60K). we are a small company doing government contracting business. we showed profit in year 2003 and also have a promising good year 2004.

gurus please provide your feedback on what are the chances that the officer at VSC will reconsider my application and approve it. Is it possible if we remake the financials for 2002 and attest it from a CPA and send that one also along with MTR, would they consider it. will they consider the credit line the company has from the bank. we are also sending the credit line letter from bank along with MTR. also i am sending my w2 for 2002, 2003 and also all paystubs of 2004 to date. would that make any difference.

your advice and feedback will be highly appreciated. this is a very tough situation for me. pls advice gurus and provide your feedback on what else shall i do along with this. my attoryney is sheela murthy who is handling my gc application.

thanks
 
ead/ap/485 denied because 140 is denied

Hi all,
my ead/ap/485 are denied because my 140 got rejected. Reason they are giving is I got less paid than what is said LCA. My H1 is expiring in Nov-04. My company is ready to apply for 7th year extension.
I am not sure how best to handle this situation.
Any suggestions are highly appreciated.
Thanks a lot in advance,
SarwarMD
 
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