i140 denied ..what r my options ..please advice

S

sahil_a

Registered Users (C)
Hi there :

Today my lawyer informed me all my cases denied because I140 got denied because of ability to pay query .

I still have 14 months to complete my h1b 6 years ..my company told me they have approved labor which they can use for me and file in different service center ..When i told samething to my attorney he told we should file in same center where the company is located and adviced me if 2nd labor is filed in same center chances of denial is more because of first denial .


what is the best option..is it fiing gc through new company or using approved labor from present company( if used approved labor what are chances of getting 140 approval ) .

if needed to appeal the current denial case what kind of documents needed .

can i file 2 labor in texas center instead of nebraska because iam working in texas ?

Gurus please guide me so i will not take wrong step ..
 
Could you shed some light on why ur case got denied? What documents did you send? Your company's financial situation? Is your salary difference from the mentioned salary in LC? BTW, I got the same RFE and we are preparing documents for it.
 
Could you give more details ...

Hi sahil_a,

Could you give the Service Center, where it was denied and the Reciept Date of the i-140 application.

Did your company submit all the Financial statements?

Was it EB-2/EB-3?

Thanks
Tejas
 
I would say try talking to some other lawyers and try to appeal against the decision. If everything was right and company didn't have any financial problems then you might win the appeal (I have seen lot of cases like that in this forum, you might try to search for those threads).

And if there is something wrong with the paperwork which cannot be corrected then the second filing will be no different than the first time. And also why try to go through all the frustrating wait again.
 
Sorry to hear that sahil

I would suggest to file new GC from new CO. with your own labor .

can u please let know more details abt current co ?

Like no of employeess ? profit in past 2-3 years

did u work for this co. during GC process?

if worked what was difference in w-2 and LC salary ?
 
Is there any way we can find companies with good GC approvals ? ..Since my case is denied based on company financials and i have only 14 months left for 6 years i started search for companies (especially with approved labor ) .
Please advice me about any good companies ...
 
Hi sahil_a,

You keep asking advice, but reluctant to share your information. Couple of people has asked you about your company information (like financial, no of employee) and other information about the RFE. I would really appreciate if you provide us all these information.
 
Sorry guys for late reply .

Here are details of denial .

My case details :

140 / 485/ead /ap EB3 receipt date Jan 07 2004
140 rfe Jan 16
RFE replied on April 12( Documents recieved by nebraska center 1 day before the final day )
140 denial on May 03 ( that day all cases 140 / 485/ead /ap updated date changed to may 03 )

Company details :

Company no of employees around 70 .
Documents submitted : all tax documents , quaterly statements , never sent 03 tax returns as by that time they are not ready and now company says they have profit in 03 )
Some of the company contracts .

After reading couple of postings in this website i feel it is my bad luck as companies with 10 employees getting approvals .

Today iam trying to send all info collected from this website "how to turn denial into approval" to my lawyer so he can appeal the case properly .

Guys thanks for all the information and this website is great .
 
You should definitely appeal. Yours is a very strong case. I saw a couple of I-140 approval with only two Employees Company
 
deepakanu said:
You should definitely appeal. Yours is a very strong case. I saw a couple of I-140 approval with only two Employees Company
Click to expand...

All my cases too have been denied since my I140 got denied on May 12, 2004. I am past my 6 years no H1B. Denial is based on the Company Ability to pay. My company had major loses in 2002. Though I never had any issues in my payments.

What are my chances...???
 
Is there any RFE issued before CIS denied your case? What are your receipt date and adjudication date?
 
qdotlu said:
Is there any RFE issued before CIS denied your case? What are your receipt date and adjudication date?
Click to expand...

I had a RFE September 4, 2003, responded back on October 29, 2003. Was mailed a denial dated May 12, 2004
 
atulh

are you still working for co?
what documents had they asked exactly in RFE?
were u in good terms with co. ? Did co. give out all documents needed? I hope u can appeal can approved .
 
user850 said:
are you still working for co?
what documents had they asked exactly in RFE?
were u in good terms with co. ? Did co. give out all documents needed? I hope u can appeal can approved .
Click to expand...
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Yes I am still with the same company, it is a very small company, have been with them for last 7 years. My employer is going to appeal. Hopefull all turns out ok..

Does anyone know how long it takes for the appeal results ???/
 
unitednations said:
This was taken from immigration-law.com, maybe this can help you.

05/14/2004: USCIS View on I-140 and Financial Ability to Pay

On May 5, 2004, we reported the USCIS memo on RFE and denials. This memo is stirring quite a controversity in the immigration lawyers community. However, when it comes to the bright-line standards for proof of financial ability pay, this memorandum gives employers a good guidance. According to the memo, when one of the following three conditions are met, USCIS should not deny I-140 on the financial ability to pay issue:
(1) Net Income: The petitioner's net income is equal to or greater than the proffered wage. Or
(2) Net Current Assets: The petitioner's net current assets are equal to or greater than the proffered wage. Or
(3) Employment of the Beneficiary Paying the Proffered Wage Salary: The Petitioner is currently employing the beneficiary at the rate of proffered wage.
Accordingly, the companies whose financial picture shows minus(-) income are qualified to file I-140 petition if the alien beneficiry currently working on H-1B and paid the wage which is shown in the labor certification application by submitting W-2 and/or State Employer Quarterly Returns. If it cannot establish the financial ability through the net income or salary paid to the alien beneficiary, then employer will have to use the net current assets to overcome the problem inasmuch as the employer can demonstrate ownership of the assets.
Considering the recent trend of the Service Centers denying en masse I-140 petitions on financial ability to pay issue, this memo at least gives a bright-line test for the issue of threshold.
Click to expand...

Thanks unitednations
 
Atulh

What did ur RFE word exactly?

Can u tell net income and assets of of ur co , ur salary on w-2 ? for years referred in RFE .
 
user850 said:
What did ur RFE word exactly?

Can u tell net income and assets of of ur co , ur salary on w-2 ? for years referred in RFE .
Click to expand...
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The denial is base don the company's ability to continue paying the salary that was quoted on the I140/Labor application.

Atulh :mad:

My salary has been more than the amount quoted and each year increased by minimal amount. USCIS accepts that, but claims that base don my company financials, they have concerns that the company will not be able to pay me the same amount in future till the time my GC comes through.

Its kind of strange and my Lawyer too says that this is the first time he has seen a denial, where even if my Salary is more than what was quoted, they have denied.

Seems like its my bad luck..We are appealing, lets see what happens.
 
user850 said:
how can they come to such conclusion ? did u attach current and expected contracts ?
Click to expand...

The current contract was attached. I don't think we had any future contracts. Mine is a very small company and now has just me as their employee
 
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