I40 denied------Ability to Pay

virginia999

New Member
Hi Every one,

My I40 has been denied.

The reason being company's net profit for 2004 was less than the proferred wage for 2004 by $5000.
& assets < liailities as well.


I tried depreciation --- didnot work.
I tried terminated employees tax----- didnot work

Now, My company paid back taxes for that year and the new taxes is more than my proferred wages for 2004.

I appealed with this new evidence.


HAS THIS HAPPENED OR HAS BEEN DONE BY ANYONE AND WHAT HAPPENED?
WHAT CHANCES DO I STAND?

Thanks for your help.

---virginia999
 
Last edited by a moderator:
Hmm ...

During Labor Certification, my company was laying off boatloads, so we had to answer a couple of RFEs. But not this .. what does the lawyer suggest? Can your wages be adjusted to be within the capacity of the company?
 
Can't Adjust Wages

Well, Labor certification has already been approved and cannot be reduced.

DOL set the rate.

The question is:

Does the new tax return after paying back taxes would help?
With the addendum tax the income is sufficient. Officialy, and mathematically it should work but who knows INS and the big nuisance of appeal taking such a long time frustrates me.

Has anyone had similar experiance and how long did an appeal on I-40 took for those who appealed. Website says 14 months....Depressing..

What are my alternatives?

Need your expert advices..

--Virginia999
 
virginia999 said:
Well, Labor certification has already been approved and cannot be reduced.

DOL set the rate.

The question is:

Does the new tax return after paying back taxes would help?
With the addendum tax the income is sufficient. Officialy, and mathematically it should work but who knows INS and the big nuisance of appeal taking such a long time frustrates me.

Has anyone had similar experiance and how long did an appeal on I-40 took for those who appealed. Website says 14 months....Depressing..

What are my alternatives?

Need your expert advices..

--Virginia999
Virginia999,
read this "As promised - How to overcome ability to pay issues "
http://www.immigrationportal.com/showthread.php?t=137088

and contact UnitedNations
 
I-140 got approved

hi m silent reader of this portal...thanks to all members....

i just know that mine was filed on 9th Nov and case status showing that Approval notice sent on 13 november....
 
Which service center

dval_dpal said:
hi m silent reader of this portal...thanks to all members....

i just know that mine was filed on 9th Nov and case status showing that Approval notice sent on 13 november....

Hi Congrates for getting I-140 approved.
Could you let us know which servise center was it approved from ?
Was it a premium processing ?

Thanks
Saurav
 
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