I140 - never ending


New Member
My I-140 is denied recently after RFE on ability to pay (waiting for the actual reason)/ We are going to appeal and get some time.

Issue is for my spouse who is working on EAD... i485 still shows pending for us. We don't plan to stop working on denial of 140 but can we resume working after the appeal receipt notice or do we need to wait for a successful outcome.

How difficult is it to get H4/H1 for us. We traveled outside usa (used Advance Parole), basically my spouse is on AOS.

What are the possible issues we might encounter?

I haven't heard a hardship like ours in the history of immigration:

>My spouse came to US in 1999
>I came in h4 in 2000
>I Conver to H1 in 2002
>spouse gc start in 2002
> I140 denied in 2003
> MTR and Appeal in 2003
>spouse 7th year h1b approved in 2003
>spouse appeal denied in 2004
>changed employer in 2004 and applied for GC with substitute labor on my name
>we both extended H1B in 2005 for a year
> stopped H1B extensions and went out of country on parole
> RFE on I140 for experience
> went out of country again in 2010
> RFE on I140 for ability to pay
> continued EAD extensions until 2011
> I140 denied (waiting for details)
> My guess is denial would have been based on recent RFE, please share youre experience?

Currently we are planning to MTR and Appeal, in the meantime what is the risk of continuing jobs for me and my spouse?

Other options left?

Please be sensitive to our situation, don't make uneccesary comments.