<Drama in Real Life>
My 2nd I-140 finally approved which was destined for denial even after struggling for 3 years.
Here is my real story. Please see my postings right from April 8th'2004 since my fisrt 140 was denied and dismissed on appeal too. This was the time I registred with boards and wanna discover any way out of this mess.
Here is my attemts and survival story: ( I just wanna give facts not the feelings)
Apr'04: My first 140 was denied and Appeal was dismissed based on my company's Y2000/2001/2002 financials. Reason: Petitioner did not establish 'Ability to Pay' since PD of the LC 10/2000 to 04/2003.
Attorney asked my company CPA to work back on company financials to show ability. Company's CPA summarily rejected that 'There was nothing to work on as company financials are bad. That's it'. Eventually, Attorney argued on his own on the appeal based on company's subjective matters like 2001 was in economic depression and could not do much business and 2002 onwards it's picking up with and currently paying proferred wage in 08/2003 with improved revenues.
After 10 months, Appeal was dismissed that USCIS's director's earlier decision was right and Petitioner did not establish 'Ability to Pay' on PD. In short, AAO and USCIS didn't buy bulls**T subjective arguments. Lesson learned.
Consequently after denial I made futile attempts on searchng possibilities for
Strategy 1: Tranferring LC to different company. ---too complicated.
Strategy 2: Applying AC-21 on pending 140. Never heard any +ve news. Every one said use it as last resort and again not an option; So ruled out.
Basically, left with no choice other than fighting back on 'Ability to Pay' I could not find any info on boards, so started thread "Sick of I-140 denials !!!
http://www.immigrationportal.com/showthread.php?t=136329 " and posted my issues. Nobody answered/understood my issues for a while. Well, out of a blue moon, "unitednations" replied to my burning issues on 'Ability to Pay' by answering/educating me on this with patience.
Since then (July'2004), Not only I have been in constant touch with him, also, UN, by himself checking with me on my options on 'What's the strategy to encounter third denial on my case?'
I asked my lawyer same Q in Sept'04 what if my case denied again, attorney said in single liner response "We will deal when it's denied". which scared me that he had no idea what so ever.
Well, I resorted back to this thread in Oct'04 and asked UN. UN replied that we gotto see comapany finances since PD (10/2000) to check any potential. Please note that UN did volunteer finding a solution by checking comapny finances by educating me on GOLDEN THREE RULES for "ability to pay'.
It took me two months to get tax returns of Y00/01/02/03 from company. Reason: Employer is not willing to share company finances with employees for various reasons.
Once I got those tax reruns, then forwarded to UN for any potential to salvage my case. While I was least expecting any response from anyone after looking at company's wretched finances of
Y00 -> 60k
Y01 -> 12k
Y02 -> 23 k
Y03 -> 20k ,
thing is by looking at above company finances, previously, no CPA dare to say a word on matching up wih my 90k annual salary for LC.
Out of total surprise, UN called me and shed me light that there was 100% potential on 'Ability to pay' but only by amending taxes. Amending those taxes is not trivial thing because the numbers were too tight. Well, I could not comprehend (I'm a techy) how UN managed this tough task by his exceptional accounting skills/methodologies to solve the riddle. One thing is sure that he spent great deal of time and hardwork in researching these accounting issues in immigration standpoint and explaining the passive-employer.
After that, UN researched strategies by combinations of USCIS policies like Yates memo, AAO decisions and various accounting methodilogies to prove ability to pay on my case. Final documentation became so huge like ~90 pages. It's so tough to read and assimiliate the hundereds of AAO decisions based on immigration and economic rules even if you get paid to do that.
One thing, I noticed that UN is always optimistic and enthusiastic all along the way and worked with whole hearted commitment to encounter the denial on my cases from all perspectives.
Everyday, I remember his words when I said that I was not quite sure of this whole thing. Does it really work? UN said, "I'm 100% sure wholeheartedly you will get approval. This is rock solid case with my best accounting skills. I'll stand by you to fight with any RFE/denial till you get approval."
Then, recalling his words time to time, I forwarded final documentation to my lawyer. Now, new trouble came up. Lawyer didn't want to send doc to USCIS and said 'we can't send documentation here and there little, little. Mail room reject it', INS does not like you !!." ..... I'm speechless for a while.." Reason, 'ego' came into the picture by looking at UN's work. When I spoke to lawyer that however, later, lawyer undeniably said that he's amazed by the CPA's handsome documentation.
At this juncture, UN proactively assured and supported me to take the risk of pushing the attorney to file it on 02/24/2005.
After that, I've been checking the case status everyday couple of times.. but no LUDs.. So, I got skeptical whether it made to my pending file ..?..but UN is following up with me regularly and boosting my morale... that we can re-file 140 in other category as a backup proactively.
By waiting/checking and keeping fingers crossed we filed new 140/eb3 on 03/04/2005 as there was no LUD on my pending 140 and anticipating RFE.
Fianlly, after a quiet and traceless limbo of 12 days, yesterday evening I got magic emails that your case APPROVED. I was totally stunned with pleasant unbelievable shock. I could not believe that my 140 was APPROVED and 485 also after exactly 45 minutes. I confirmed it sevaral times by checking on-line case search..
WOW, Thank God.. it just happend .. UN's documentation made thru my file and CIS approved it..
Then I just prayed God for a while and first person I called to break the news was Guess Who? it's 'unitednations' and expressed my whole-hearted gratitude for his help by recalling his words ...I'll stand by you to fight till you get approval......"
In short, 'unitednations' is my Hero and Savior of my immigration life in US now on....
With special thanks to 'unitednations' for his goodwill, hardwork and perseverance.
-lohithkc@yahoo.com
P.S.> To get my full story, search the forum with my id 'lohith'
