Is VSC denying a LOT of I-140's ?

M

maxx

Registered Users (C)
One of my friends recently told me that VSC is denying a LOT of I-140's ...query for I-140 has become commonplace and even a small problem with the case could lead to denial.


One of the reasons is applicants show a higher salary in the labor than in I-140 and VSC can deny based on that fact. The question is ...even if there is a denial ...the applicant has the right to appeal using his / her own lawyer. Most people are afraid to go to court as once a case goes to court ....VSC can easily get into the background of the applicant and many people do have ugly skeletons in the closet ..mostly in the form of missing paychecks during time spent on the beach etc etc and that gives VSC a huge upper hand ..not only to deny the I-140 ..but actually take more action like deportation ...etc ...


Any comments ?



Maxx.
 
Originally posted by maxx
One of my friends recently told me that VSC is denying a LOT of I-140's ...query for I-140 has become commonplace and even a small problem with the case could lead to denial.
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Not that I know of. At least the rate of approvals to denials posted in this forum is really high. There are several RFE's something like 50% or so of the cases I think, but a large percentage of those end up with approvals.


The question is ...even if there is a denial ...the applicant has the right to appeal using his / her own lawyer. Most people are afraid to go to court as once a case goes to court ....VSC can easily get into the background of the applicant and many people do have ugly skeletons in the closet ..mostly in the form of missing paychecks during time spent on the beach etc etc and that gives VSC a huge upper hand ..not only to deny the I-140 ..but actually take more action like deportation ...etc ...
Maxx.
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I understand from my lawyer that appeals are a waste of time (it's almost impossible to get it approved), and you are better off starting again. But I am an EB1-OR applicant, maybe in other categories it is different.
 
mendieta,

What do you mean start it again? You are saying if 140 is denied file the application again from labor or from 140 stage? How will that help? I am confused? What happens if one has exhausted 6 years and is on say 7th year extension, will applying again give him/her the right to stay?
:confused:
 
joyd,

EB1-OR does not requires LC.

Right Mendieta oops Guapo de las Pampas? :)

BTW your signature is nice. Put it back again.
 
There are several aspects. First: in my category there is no LC, so sorry, I am not sure if you can reuse LC if 140 is denied :-(

Also: you can get an extension of H visa in a one-year-at-a-time basis after the 6 year period, if I understand correctly.

Finally: I am not sure on how to keep status after denial, in my case it would be a matter of getting an H visa (there is no H quota for academic institutions)

In short, things depend so much on the details of your case, that it is probably always easier to ask a (your) lawyer IMHO ...
 
There are several aspects. First: in my category there is no LC, so sorry, I am not sure if you can reuse LC if 140 is denied :-(

No, if 140 is denied - you cannot reuse LC.

Also: you can get an extension of H visa in a one-year-at-a-time basis after the 6 year period, if I understand correctly.

That is true.

Finally: I am not sure on how to keep status after denial, in my case it would be a matter of getting an H visa (there is no H quota for academic institutions)

matter of getting an H visa - same here.

In short, things depend so much on the details of your case, that it is probably always easier to ask a (your) lawyer IMHO ...

No doubt.
 
Just following up on my original post ....I got a simple question ....if the Salary mentioned is I-140 ( 48 k ) is LESS than that mentioned in the labor ( 56 k) ..then even if the company can prove that they have enough money to pay the employee ....does this gurantee a denial based on the salary difference no matter how strong the company is financially ...

Maxx.
 
MY THOUGHT IS that u should be fine,when they come with rfe ur company wouldhave t give letter saying they are willing to pay u 56k once ur GC is done,GC is for future employment this should be ok.

i expect to see few addition in my though by othr friends out here.


good luck
 
I-140 ability to pay

maxx,

I had the same sitution in my case, infact a bit worst, my salary after the LC was filed was considerably decreased due to company's weak financial health (<20k).
I got an RFE and by that time company was recovering quite a bit and more importantly had sufficient funds to show to BCIS of their(company's) ability to pay me in the future (immediate future) and the case was approved.

140 - EB2 - concurrent
RD : nov 2002
ND : feb 2003
RFE : nov 2003
RFE rep : feb 2004
AD : mar 2004

Rhino
 
manoj2003,

As far as I understand the way things work, labor is needed to prove that the co. is unable to find a worker with X salary having Y skill set who is either a citizen or a permanent resident ...

I-140 is the proof the the ability of the co. to pay the salary mentioned ...now if it is LESSER than the one mentioned in labor ...then VSC might raise eyebrows ..I am thinking LESSER within reasonable limits ( maybe upto 10 - 15 % lesses ) MAY be tolerable ...but nevertheless ... it does give VSC a good reason for denial ...

I can;t believe the scrutiny is to tight these days ..



Maxx.
 
rhinohere,

That's encouraging ...this means that when replying to I-140 RFE ..the company should show good financial record ..which means more than sufficient funds to pay the salary ...along with a letter stating that they can easily pay the salary mentioned in the labor in the immediate future ..in spite of showing a lesser salary in the I-140 ...

Maxx.
 
It's just their bloody delaying tactics!!! I don't know what kind of dead end jobs they are in that they seem it very hard to fathom salary increases etc. Are they jealous of the salaries that we all are earning!! BTW, we deserve what we earn, we have burnt midnight oil to toil for our hard earned degrees!! Hard work pays off!! Who are they to tell us that we cannot have any growth in our career while they give us the Green Card!!! If this goes on, we all should make a conscious decision to think about going back to India, it's not at all bad there, salaries are good and facilities are good and improving. If they don't want us, we don't want them!!!

This is how pissed off we are!!!
 
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