MTR vs appeal

sf_vicki

Registered Users (C)
#1
Hi,
My I-140 was denied because of the "ability to pay". From the letter they sent to my attorney, I have 30 days to appeal. I read from the website that MTR (re-open) has better chance than appeal. My lawyer said she is going to do "appeal" (that makes me worry). Can anyone tell me how to do MTR (re-open) ? HOw do I know I am eligible for MTR or not ?
Note that my company has 200+ employees and positive asset. My salary since priority date was higher than proferred wages (always). The net income was negative from annual statement but it is positive from annual report (10K).
The deadline for 30 days is coming up. Please help !!
 

kennis

Registered Users (C)
#2
Hi, I am in the same boat with you. My I-140 got denided on April 27.
INS states that the company only has net income on Yr 2000, 01 and 02 are lose base on the tax return. Also states that the current assets vs current liability is only greater in yr 00.
Also since I had some medical problems after pregnancy during yr 03. I did not work for entire yr and return on July 04. INS states that neither the company can show ability to pay preoffered wages and I am not employed as full time employees.
I have been hired since 98 and my W2 have show income till 02. Also when i looked detail of the company tax return for yr 00,01 and 02. I found out the INS make mistake on caculate the current asset. Actually the current asset is much higher then current asset.

So pls anyone give me an idea if I filed MTR , will I win the case ? Does company net loss will affect me getting approve for I-140 ?

The INS did not state any concern regarding my education then I assume it is fine with them. I am holding a 4 yr degree from oversea.

Thanks you so much.

Kennis
 
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