Following is the breaking news I found on the immigration-law.com.
click on the link and look for the following heading.
Increasing I-140 Denial Culture and Importance of Maintaining H-1B Nonimmigrant Status
One time, legal counsels advised their clients of the benefits of EAD/AP options under the extremely high unemployment rate and the lenient interpretation of AC 21 by the legacy INS. At the time, denial of I-140 was a rarety rather than a norm. All the aliens had to worry about was denial of I-485 applications. The direction of wind has swifted substantially since then putting them in a different environment. One thing people should note is the added weapons which USCIS can utulize, which are made available by the "concurrent filing of I-140/I-485." The USCIS appears to dig into the I-485 supporting documentation and develop issues of I-140 denial from these evidence such as incime tax returns, W-2 copies, etc., which can be used to challenge employer's finanacial ability to pay or existence of bonafide permanent job or bonifide business or legitimate nature of job opening as related to the familial relationship between the employer and the alien, etc. When I-140 petition was filed separately, these evidence was not available to the adjuditors of I-140 petitions.
click on the link and look for the following heading.
Increasing I-140 Denial Culture and Importance of Maintaining H-1B Nonimmigrant Status
One time, legal counsels advised their clients of the benefits of EAD/AP options under the extremely high unemployment rate and the lenient interpretation of AC 21 by the legacy INS. At the time, denial of I-140 was a rarety rather than a norm. All the aliens had to worry about was denial of I-485 applications. The direction of wind has swifted substantially since then putting them in a different environment. One thing people should note is the added weapons which USCIS can utulize, which are made available by the "concurrent filing of I-140/I-485." The USCIS appears to dig into the I-485 supporting documentation and develop issues of I-140 denial from these evidence such as incime tax returns, W-2 copies, etc., which can be used to challenge employer's finanacial ability to pay or existence of bonafide permanent job or bonifide business or legitimate nature of job opening as related to the familial relationship between the employer and the alien, etc. When I-140 petition was filed separately, these evidence was not available to the adjuditors of I-140 petitions.