Please Need Advice 140 after 2RFEs

1

140waiter10

New Member
My I-140 was applied during 3rd week of march-2003. (Labor Substitution, EB3-RIR)

EAD, AP were approved in July-2003. Got 1st RFE on Company
Financials, Audited 3years statements for 2000, 2001, 2002. And W2 of other employees. Some of the employees W2's are not good as they were on bench for some time.

At that time they didn't have 2002 audited statements so company sent RFE response with the documents that they had. Company was in losses in 2000,2001 but made profits in 2002. (small consulting comp with 15 employees)

After 3months of receiving 1st RFE, BCIS sent another RFE asking for audited 2002 Tax returns, my W2's etc. My W2s are fine and my company replied to RFE 2month back with audited financials. (Feb 15 -2004). They have some profits in 2002.

My H1 is expiring soon. What are my chances of getting 140 Approval. I spent already lot of money and haven't got my EAD renewed yet.

My question is, Are they issuing several denials of 140's based on Company's financial ability?

Any advice is helpful.
 
140waiter10,

Normally USCIS won't issue Letter of Intent to Deny. If they are not satisfied with your reply to the RFE, they will simply deny the case. In your case, they have issued 2nd RFE which is "Intent to Deny" letter. That means they are thinking that your case can be approved, if they receive the proper documents. So you have a chance. Have Faith.

Just file your H1B extension and 2nd EAD immediately on the basis of your pending I-140/I-485. That is the safety approach now.

For Denials, they can find any stupid reasons to deny a case. Thats what happened to me in 2002.

nanshi.
 
Hi Naanshi,
Thanks lot for your reply. Can I know the reason why your case was denied in 2002. Can they simply deny case based on 2000/2001 losses to the company even when company paid me?
 
Hi , My situation is very similar to yours. Working for a company with 15 employees and have just replied to my first RFE. It was for company financials and had about 10 questions. How long was your first RFE. I believe your case will get approved. My company does not have any body on bench. However, there is no 140 approval yet.
 
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