I140 Motion to Reopen/Reconsider

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Path2GC

Registered Users (C)
Hi All,

Can anyone explain me what does a Motion to reopen/Reconsider mean.

My Case was denied on the basis of "Ability to Pay" even though my employer has been paying me mentioned amount in the labour since i joined the company.

Moreover couple of employees in the company with the similar profile meaning same salary in labour got approved even though they were not getting paid whatever is mentioned in the labour. they were getting paid less then mentioned amount.

I-140
Filed on: 09/31/2003
RFE on:
03/2004 asking for 2003 companies tax returns or audited financial statement.
Filed with 2003 tax returns and bank statements.
Denied on: May 13th 2004 on ability to pay with an explanation saying that
Found director of the company’s letter, which mentioned about 2003 tax return and bank statements.
found bank statements but could not find 2003 tax returns as mentioned by the director of the company.
Hence could not determine "Ability to Pay"

Filed Motion to reopen/reconsider on: June 10th 2004. With the following
1. 2003 Company Tax return
2. All the pay stubs of mine since the date of joining the company
3. Payroll Ledger highlighting my payroll number and amount paid for all the months
4. Compiled Financial statements of 2002 and 2003 from Vitale,Caturano (auditors)
5. Letter from the auditor indicating that the company is auditing the financial statements.

Case got updated on 08/13/2004 according to the online profile status but there is no status change or description about what got updated.

Can anyone explain me MTR/Reconsider mean?
Does this mean my case is in AAO?
Do I need to consider the AAO's processing time on my case.?
How can I get more information about what happened on the last update on my case?
Does a MTR/Reconsider have an EAC number or it will be same as I-140?
What is the time taken to decide a MTR?

Thanks for all the help in Advance.

Regards,
Path2GC
 
PATH2GC,
We've applied MTR for two of my cousines on around 7/13/04. At present, their cases are at AAO unit.
 
I have applied only for MTR (no appeal) on 8/19/04. Got new EAC#, but no change in status.

Any body can guess, how long it will take for this kind of cases? Tks.
 
I'm not sure about that. According to attorney they did send out the document and my employer also says that they did file the tax returns.

he says that whatever which is send to uscis a copy is also sent to employer and he says that tax document was there in the copy.

So my guess is as good as yours and hope my case gets approved.
btw since there was a update on my case on 8/13 but no status change and more over all my other application like 485 even they got update on the same day.
Does this mean anything.
 
unitednations said:
according to uscis processing times; wait six months and then do a case status referral if you have no answer.

BTW, on the thread above there are vermont members posting there also. How come you didn't go for appeal?
Click to expand...


My attorney says, MTR will take less time (approx 2 months) compared to MTR & Appeal (approx 1 year). If MTR denied, then will go for Appeal. If MTR is denied I am planing to prepare for alternatives while Appeal is pending. Am I thinking wrong or in path? Please comment.
 
unitednations said:
It is always a suggestion that if 140 has been denied to have a back-up plan. You don't want to lose valuable time while waiting for an appeal to be adjudicated.
Click to expand...

Thank you UN. I have already started back-up plan.
 
Hi united nations

1. In appeal/motion to reconsider what do we refer to uscis ? i.e what name ?
Can we say that you did not look at certain documents or made mistake while coming to conclusion ?

2. My company is owned by single owner but incorporated as S corporation so my attorney sent personal assets , Line of credit , personal tax returns but seems like they never looked at that . What documentation we need to send so that they are convinced that employers personal assets are available to pay salary. Do we need affidavit from employer ?

3. They also seem to have ignored the fact that in software consulting its emplyees ability to earn income that affects companys earning .To emphasize this fact what can be sent ? How do we point to fujie ohata memo as i was getting paid currently.

4. Do we need to show calculations from all financial documents on cover letter ? So from labor certification application to current .....do you have any format in mind to represent that on cover letter.

5. Does Motion to repoen generate any new number that we have to refer in appeal ?

6. In appeal do we have to submoit all documents already sent during applying , rfe stage , motion to reopen stage ? or we can just refer to them as they must be in file with them

7. Can we send any new documents along with appeal ?

8. What documents regarding Line of credit need to be sent . I heard we also have to send the terms and conditions of Line of credit.

Thanks in advance .
 
thanks united nations

i understand that comapny needs to be sole proprietorship to sho personal assets but in the response they have not said so....they have not mentioned about documents they reviewed .....then how i know if they reviewed documents of Line of credit which was in companys name ....are'nt they supposed to give explanation of why they are not accepting certain documents ...
 
UN - that is a good sign that vermont has started approving the case concurrently.

How will one know whether my case is not gone to appeals unit or not.

Thanks for giving some hope...we all need one.
 
path2gc, what was the link sent by unitednations, can you share? also can you please update you case? I'm in the same boat. - THanks
 
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