Hello,
I'm in US and have an H1-B. My wife filed for I-140 and I-485 in Schedule A category and started working after she got an EAD. Her attornrey just got the denial for I-140. The attorney hasn't advised her yet about what to do next. The exact reason for denial in the USCIS letter is stated as -
"The notice of the filing of an Application for Alien Employment Certification, submitted with the I-140, did not contain the rate of pay. Rather, the notice simply stated that the employer will pay or exceed the prevailing wage as determined by the U.S. Department of Labor."
I did check the job posting (also called "the notice of the filing of an Application for Alien Employment Certification") and it did not have the pay rate. It just said "that the employer will pay or exceed the prevailing wage as determined by the U.S. Department of Labor".
Does anyone have any idea, whether this can be appealed or whether we can file motion to reopen? If yes, do we have any chances that her I-140 will get approved?
Currently, she is working on an EAD. In case we are able to file an appeal or a motion to reopen, can she continue to work? Can she file for EAD renewal?
Thanks.
I'm in US and have an H1-B. My wife filed for I-140 and I-485 in Schedule A category and started working after she got an EAD. Her attornrey just got the denial for I-140. The attorney hasn't advised her yet about what to do next. The exact reason for denial in the USCIS letter is stated as -
"The notice of the filing of an Application for Alien Employment Certification, submitted with the I-140, did not contain the rate of pay. Rather, the notice simply stated that the employer will pay or exceed the prevailing wage as determined by the U.S. Department of Labor."
I did check the job posting (also called "the notice of the filing of an Application for Alien Employment Certification") and it did not have the pay rate. It just said "that the employer will pay or exceed the prevailing wage as determined by the U.S. Department of Labor".
Does anyone have any idea, whether this can be appealed or whether we can file motion to reopen? If yes, do we have any chances that her I-140 will get approved?
Currently, she is working on an EAD. In case we are able to file an appeal or a motion to reopen, can she continue to work? Can she file for EAD renewal?
Thanks.