Miracle...Company filed bankruptcy..140 approved after RFE

J

john_wanderbilt

Registered Users (C)
All,

A miracle has happened regarding my case 140/485 applied Aug03 2003.
Company filed for chapter 11 bankruptcy one year back. Current wage rate far less than that specified on labor. Company has not filed for tax returns last 2 years ..since not required by law to file taxes

Here is the hiccup !!!! Got I140 RFE regarding the infamous "ABILITY TO PAY".....I lost all hope...... :(

No idea how the lawyer pulled this one through and replied to RFE....
I140 approved on Aug 5...

:) :) :) :)


So guys ...believe in miracles ????
 
@@@ Provide some information how your lawer answered the RFE?
That would be helpful for many
Thanks

unitednations said:
First of all congratulations: I'm sure there is going to be a deluge of questions for you.

It woud be important if you could post what the RFE was about, initial evidence you sent in and how the RFE was responded to.

This will help many people.
Click to expand...
 
unitednations said:
this is a bogus post.
Click to expand...

Unitednations....!!!

Why do you think this is a bogus post.... My lawyer is currently out of the country .... So....I am unable to get in touch with him ....

As soon as I will get some information .... I will post it on the forum....
Meanwhile ..please bear with me ...


I know you have been a constant source of invaluable information for people in this forum... Keep up with the good work ...and please have faith that THIS IS NOT A BOGUS post....

I will immediately post information as/when I have it ..........
 
john_wanderbilt said:
Unitednations....!!!

Why do you think this is a bogus post.... My lawyer is currently out of the country .... So....I am unable to get in touch with him ....

As soon as I will get some information .... I will post it on the forum....
Meanwhile ..please bear with me ...


I know you have been a constant source of invaluable information for people in this forum... Keep up with the good work ...and please have faith that THIS IS NOT A BOGUS post....

I will immediately post information as/when I have it ..........
Click to expand...

Well John...
Your profile does seem fishy. You just joined this month and this is your first message. I would love to believe you. Please tell us more about your case while your lawyer is out of the country.

What was the RFE? When did you get your labor cert?
 
Details regarding my case

Sorry to have offended people by joinning so late on this forum...leading to
various misinterpretations and misguided judgements about my case ...
What I have said regarding my case is absoultely true down to the bone...

Here the details regading my case....

LC - filed Aug 2001, aproved March 2003
I140 - Filed June 2003 (Rfe issued on May 2004..Responded Jul 2004) ...Approved Aug 2004
I485 (concurrent) - Filed June 2003 .. (pending)

I have not read the RFE ... As the RFE was dealt between my company
and my lawyer....Company did not seem fit to invlove me as they it invloved several sensitive documents related to bankrutpcy inspte of repeated requests from them asking to have me invloved....

I was told that the RFE asked for
1. 2001, 2002 and 2003 - W2
2. Audited financial statements for 2001/2002/2003 or tax returns for the
same indicating current assets/liabilities of the company ....

From my side I submitted documents for #1 along with paycheks starting from Jan of this year.....

Some facts about my company...
1. Current turnover ~10 mil last couple of years
2. Company filed for bankruptcy on Aug 2003...Came out of bankruptcy Feb 04 ...
3. Company net assets ~2 mil (As was told by lawyer)


How did my lawyer present my case ....??? my guess is that he showed that the difference between the wages currently being paid and the proferred wage stated on my labor is less than the current net assets...

But I can only guess at this time.... Once I get more information from my lawyer(currently out of the country) ... I will post it on this forum....

BTW... I already had started a backup LC from another company...about a year ago....I really didnt think this one go through...

John




Company asked lawyer to sign non-disclosure agreement to avoid divulgiing sensitive information before responding to the RFE with relevant documents...
 
unitednations said:
two million net assets? Doesn't seem like company should have been in bankruptcy, unless debts forgiven or restructured caused liabilities to go down which caused net assets to become positive.

BTW, congratulations :)
Click to expand...


Exactly.... Company did a restructuring of the entire unit as whole....Laid off major chunk ~50% employees.... Moved to new location.... Some assets were liquidated to help pay off old debts.... Current Investments in stock holdings were also used... ( as told by my colleagues....)....

Also..lately company also has bagged huge overseas contract amongst others .....
 
john_wanderbilt said:
Exactly.... Company did a restructuring of the entire unit as whole....Laid off major chunk ~50% employees.... Moved to new location.... Some assets were liquidated to help pay off old debts.... Current Investments in stock holdings were also used... ( as told by my colleagues....)....

Also..lately company also has bagged huge overseas contract amongst others .....
Click to expand...


BTW.... I did not have this information ... This till today...After speaking with some of my co-workers I have posted the above.... Guess I was snoozing all along
 
Bankruptcy will not become reason if you are working for company which is big enough. My friend was working for company in Pittsburgh. his company filed for bankruptcy in 2002 and is still in reorganization. More then 20 people got GC after the bankruptcy in 2003.
Sheela Murthy was handling these cases.
 
tammy2 said:
Bankruptcy will not become reason if you are working for company which is big enough. My friend was working for company in Pittsburgh. his company filed for bankruptcy in 2002 and is still in reorganization. More then 20 people got GC after the bankruptcy in 2003.
Sheela Murthy was handling these cases.
Click to expand...


tammy2,

you may be right ...cos I have seen quite a few "bankruptcy" cases getting approved...So My case is not very unique .... at least in the approval sense
 
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