Sick of I-140 denials !!!

I really appreciate your help taking time answering my issue. Thanks a lot. I think we will fight back. I’ll update my next step on this thread.
 
Do I have any alternative option

I am on EAD working for the employee A who is sponsering my GC. I used up all my H1 period and not applied for the extension. Last week 3 of the I140s were denied thru my employer based on Ability to Pay issues. I am a week behind them in terms of filing dates. I might have to leave the country if mine gets denied. Any suggestions welcome.
Thanks
 
140 denial and working status

skondam said:
I am on EAD working for the employee A who is sponsering my GC. I used up all my H1 period and not applied for the extension. Last week 3 of the I140s were denied thru my employer based on Ability to Pay issues. I am a week behind them in terms of filing dates. I might have to leave the country if mine gets denied. Any suggestions welcome.
Thanks
Click to expand...

Even if you had extended H1 beyond 6th year it would have been useless after 140 is denied. However I think you might be able to continue to work on your EAD if you file an appeal against the 140 denial.
 
Need advice

Hi,
My labor (in perm) got approved today.I have questions:
1)I have done Bachelor's(economics) from india plus i have done 2 years of diploma in software tech. and also MS computer science from US and have 6 years of experience. Do u think i should apply in EB2? Pls suggest.
2) I would appreciate if u guys let me know what doc. i need for applying I-140.
3)Can i apply I 140 and ! 485 together.?
4)How much time it can take to approve my I-140 and I485.

Thanks for replying
Saggi
 
I would like also to know what documents to send for 140/485.
My LC was approved for a different company than I work now. My attorney did not ask for any pay stubs, tax return..... Again, I will start working for a brand new company based on LC.What documents do I need?
Regards
 
Evidence for ability to pay

My labor was approved recently. When my labor was filed, my company was a startup. But during this time, my company got acquired by a big corporation and is now a wholly owned subsidiary of this big company. Now this company has more than 30000 employees and is publicly traded. As part of the initial evidence for financial ability to pay, my company (the big corporation) is not comfortable sharing the tax records with anyone. But all the annual reports of the company are public and the 10K forms that were filed with SEC are available on the SEC website. Will these documents be enough to prove financial ability or does the UCICS strictly require tax documents only? I am also planning to get a letter from the local CFO of my smaller company stating that they have the ability to pay my wages. Will this help too? Please advise and thanks in advance.
 
saggi2005 said:
Hi,
My labor (in perm) got approved today.I have questions:
1)I have done Bachelor's(economics) from india plus i have done 2 years of diploma in software tech. and also MS computer science from US and have 6 years of experience. Do u think i should apply in EB2? Pls suggest.
2) I would appreciate if u guys let me know what doc. i need for applying I-140.
3)Can i apply I 140 and ! 485 together.?
4)How much time it can take to approve my I-140 and I485.

Thanks for replying
Saggi
Click to expand...
if u got ur MS before joining your present employer, you surly can apply for eb2, but if your exp (min 5yrs) does not include ur present job still you can apply for eb2, if that is not the case you must consult some attorney.
 
i140 denied appleal stage

Hi All,

Can you please help me. In my cas i140 and 485 filed concurrently on Dec 2004 based on labor substitution. In Mar 2005 there was query for experince letter and degree evaluation. I got late in coolecting letters i140 got denied. After that lawyer filed for applea based on new letters. I am still waiting for decision .


Can you please let me know what are my chances of getting i140 approved and how long it can take ? Can I apply for new i140 based on same labor and keeping same 485 application ?

Please let me know possible options
 
i140 denied appleal stage

Hi All,

Can you please help me. In my cas i140 and 485 filed concurrently on Dec 2004 based on labor substitution. In Mar 2005 there was query for experince letter and degree evaluation. I got late in collecting letters from prev empoyer with result in i140 denial. After that lawyer filed for appeal based on new letters. I am still waiting for decision . My 485 is in MTR stage as it got denied becasue of i140


Can you please let me know what are my chances of getting i140 approved and how long it can take ? Can I apply for new i140 based on same labor and keeping same 485 application ?

Please let me know possible options
 
i140 appeal

Thanks a lot for your time. I some good insight. You mean I can not link old 485 with new 140 . Priority date for labour is Aug 2001.

I guess this option( new 140) may not be good for me ?

The reaosn it was denied because then asked education evalution emloyment offer and experince letter before pririty date. When I applied I did not have 2 years of experince letter as I could not able to get that time. I collected it from previous empoyer.

Also I have B.E (electonica and telecommunication) with some 6 month of certificate . On labour where candidate says B.E.( electonics and comunication ) along with few onths of certificate course.

Education evalution says B.S in elecronicas engineering with major in communication.

I am curios to know any difference between MTR and appeal ?

Anyother option in worst case ?

Please reply
 
How To Link I 485

I applied I 140/485/EAD/AP in Jan 06. EAD and AP got approved, but while I 140/485 are pending the sponsoring business closed its doors.
We are getting ready to file another I 140 from a different business with approved PERM labor. Is it possible to link pending 485 with new I 140 and withdraw the old I 140.

Thanks.

Jadoo85
 
If you are looking for a strong, genuine,reliable and a very professional company to join and to file your Green card through Perm, let me know. Generally labour and I140 gets cleared in couple of months. 180 new joiners already approved in a very short duration.

Mohit
mohitfl@hotmail.com
 
Hello

Please forgive me if I have posted in wrong place

My friends company concurrently filed I 140 and I 485 at service centre


The I 140 was denied so they cancelled the I 485. Is this correct?

The I 140 is in waiting appeal and as her I 94 has now expired is worried incase she is here ilegally so

Is she legal whilst I 140 is under appeal? If denied on appeal are there any other options? if not how long will she have to tie up selling home etc and get out of USA

The worring thing is her son was under 21 years at time of filing and now over 21 years so all the more reason she gets approval

Thanks for your help

Sue

www.expatsvoice.org
 
Last edited by a moderator:
Hello United Nations,
This is my situation. My I140 ,EB2 cateory ,was filed using substituted labor which a previous employee used but my employer revoked the I140 for the previous employee.Filed only I140 with a receipt date of Feb 27th ,2006 directly to TSC.Now processing date is March 20th ,2006 and this changed on sep19th.
Please can u through some light on my case?This is my 8th year and visa will end on dec 4th ,2006.I have a PERM approvd labor EB3 category
but my Attorney says since this is a second I 140 premium processing will not be allowed.I am running out of time .
I suffered a lot in this GC race ,my previous employer is no more in business with labor filed in july 2003.
 
gcachiever said:
Hello United Nations,
This is my situation. My I140 ,EB2 cateory ,was filed using substituted labor which a previous employee used but my employer revoked the I140 for the previous employee.Filed only I140 with a receipt date of Feb 27th ,2006 directly to TSC.Now processing date is March 20th ,2006 and this changed on sep19th.
Please can u through some light on my case?This is my 8th year and visa will end on dec 4th ,2006.I have a PERM approvd labor EB3 category
but my Attorney says since this is a second I 140 premium processing will not be allowed.I am running out of time.
Click to expand...
 
To United Nations.
Thank you very much for your reply United Nations. My I140 1st one with
receipt date Feb 27th ,2006 is still in processing(no decision was given on that) so i am in processing or appeal stage ,please clarify? There was only one LUD on Mar 22nd. With my PERM labor do u think i can file I140 in premium processing since 1st one is in processin and not appaeal?
And secondly now processing on Sep 9th or so which was previous post before the Sep19was Mar 8th.Sep 19th shows now processing as Mar 20th and mine is Feb27th receipt date.What is happening with my case?
Thanks in advance.
 
I140 Denied because of Job Requirements

Hi All,
I have typical issue I140 Deniel, I am on 8th year.
My I140 Application got denied because of the Job Requirements.

The Job Requirements Say's Masters degree or equivalent in computers.

I have a bachelor's degree is science from India and over 5 years of experience.

If my attorney say's we will fight back, can any one help me with your knowledge. If not I have to go EB3 again.

Thanks for your help,
Ram


itsgctime said:
Hi UNITEDNATIONS
I-140 is denied based on job requirements mentioned in column 15 and column 14 says BS plus 5 years experience.

RFE says:
"In order to establish that the job requires an advance degree, the ETA-750 must actually state that a Master's degree or Master's degree or equivalent is required in the education requirement in part 14. A bachelor’s degree plus 5 years experience is equivalent to a master's degree, but it is not true for the job requirements. Stating that the job requires a bachelor’s degree in the education requirement and 5 years in the experience requirement is not the same as requiring a master's degree.

Submit evidence that the job requires a professional holding an advanced degree or the equivalent or an alien of exceptional ability."

My attorney replied with supplemental stating that job requires BS + 5 years progressive experience.

On Aug second week 2005, case is denied stating following reason.
"The service has required that in order to establish that the job requires an advanced degree, the ETA-750 must actually state that a master's or higher is required in the education requirement in part 14. The ETA-750 in this filing only requires a B.S. or Equiv. Degree. Therefore, the position itself does not meet the criteria an advanced degree professional.

In view of the above, the petition is denied."

My attorney is saying to fight back. Please advise is it better to go appeal or EB3.

Does anyone have similar issue?

Thanks
Click to expand...
 
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