Tracker for EB3 cases

to kenboo.

thanks for replying with details .. why would prevailing wage be an issue at I-140? If anything it should have been an issue during the labor cert process- isn't it? Was yours original or substitution labor? I just hope you find out the exact reason soon so you can explore grounds for appeal rather than to start over.
 
kans19

Sounds like we are in the same boat :p Did you get RFE? if so, how long did it take to get denial after receipt of RFE? What kind of document did you send on the Mar 2nd? Is that for appeal? I will give you my email address.

popsy,

well since I have not received the notice of denail letter, it's only my guess. I will post the detail upon receipt. my case is original labor.
 
To Kenboo

Hi Kenboo,
Sorry to hear about your denial. I have been reading your comments/inputs regularly and loved your automated tracking each week, to know the way things are moving ( in fact, not movig:) )
I wish you all the best for better findings.

Also let us know when you receive the docs and if you plan to appeal ?
 
My case is EB3/RIR/Concurrent (Sub Labor),

I have got an RFE on Dec 17th (Ability to pay tax returns of employers and my previous employment verification letters), my employer sent it those documents on Feb 18th, the online status got changed on March 2nd. They processed the case on March 4th - i got the denail notices of I485, I131 and I765 (mine and my spouse) on 13th March- but still my employer did not get the denail notice of I140 - we don't know the reason for denail.

kans19

Originally posted by kenboo
kans19

Sounds like we are in the same boat :p Did you get RFE? if so, how long did it take to get denial after receipt of RFE? What kind of document did you send on the Mar 2nd? Is that for appeal? I will give you my email address.

popsy,

well since I have not received the notice of denail letter, it's only my guess. I will post the detail upon receipt. my case is original labor.
Click to expand...
 
kenboo, kans19 and whoever case got an RFE,
Could you please provide the number just above the phrase saying "Please provde the documents provided in the attached list".

The number should say something like the following
CSC 9373 WS 24419
CSC 14099_WS24469_DIV I/tv
CSC 13330 WS 24471 DIV 1 NVN
CSC 11986 WS 24519 DIV I

These are not case numbers but some kind of tracking numbers.
 
# today is the busiest day at immigrtionportal.com for me :p

desi145

i will concetrate on my carrer in the mean time. I spent a little too much time at the current employer to get GC which was wrong decision. So I will not post scanning any more. thanks for reading :)

kans19

In my case I sent Fed. Tax Return for 2001 and 2002 on the 3rd Feb. USCIS received on 11th Feb, and denied on 14th Feb. Sounds pretty similar case to yours.
 
gcpend

that's good idea. i heard the number is actually officer identifier. we may be able to track down the particular officer who is so mean.
Unfortunately I don't have a copy of the RFE. I returned it to my lawyer without making a photo copy.
 
to gcpend

my denail notice has

CSC 12002/WS244457/DIV I

for all doc (I485, I131, I765) of mine and my spouse



Originally posted by gcpend
kenboo, kans19 and whoever case got an RFE,
Could you please provide the number just above the phrase saying "Please provde the documents provided in the attached list".

The number should say something like the following
CSC 9373 WS 24419
CSC 14099_WS24469_DIV I/tv
CSC 13330 WS 24471 DIV 1 NVN
CSC 11986 WS 24519 DIV I

These are not case numbers but some kind of tracking numbers.
Click to expand...
 
there's an intersting discussion with actual photo copy of notice letter in regard to company's ability to pay. The determination of ability to pay is stated in the letter. I didin't know that BCIS Appeal Office can be that specific. I will look at the numbers of my current employer's tax return, and figure out.

http://www.immigrationportal.com/showthread.php?threadid=118194
 
Last edited by a moderator:
kenboo,

So based on the link your provided, Service center looks at
"the net income" in the tax return.

Is it line 8 on the Form 1120?

So, it doesn't matter whether the company made loss or profit.
Is this correct?

Any thoughts folks?
 
i've yet to see the tax return since I didn't take photo copy of them.

it seems USCIS sees the net income for the decision. Also, as you see 'Order: appeal is sustained', the Appeal Office took the asset into consideration. This guy was approved on the Sep 11 after appeal.

My company reported huge loss but they have asset. So there may be a chance if I appeal.

By the way my fingerprint was received by USCIS, and they updated the online status. Stupid~~~~~ :D How can they say 'we received fp and resumed your case blah blah' which they had denied!! well anyway, fp guys and adjudicator guys are not linked closely. So this can happen. I remember someone in this forum posted the same story. Does anyone remember the thread?
 
Yes, Its me

We have the same issue, we got deniel notice of I485, I765 & I131 (both me & spouse) on 13th March - we did the First FP on 12th March - On March 16th the online status changed - to our FP was received and you processing of your case has been resumed ....... - by the way we are still waiting for I140 deniel notice then only we come to know whats the problem ...

KanS19
-------------------------------------------------------------------

R/D - N/D for I140, I1485, I765, I131 .... 05/12/2003
RFE Issued on I140 - 12/17/2003
RFE Replied on 03/02/2004
I1485, I765, I131 all denied on 03/10/2004
 
hi

Finally I got the 'Notice of Denial' letter dated April 2.
Online status is not updated.

The reason of denial is 'petitioner's ability to pay' based on C.F.R 204.5(g)(2). USCIS stated In the letter that the petitioner filed negative income and negative assets in the tax return which I submitted for RFE.

The negative INCOME in the letter matches to the number on tax return. But I have no idea where the negative ASSETS came from. Does anyone know how USCIS determines ASSETS?

The box D (total assets) of corporate tax return of the year was +7million which is, of course, far higher than proffered annual wage.

kenboo
 
Assets - liabilities?

Hi Kenboo.

I haven't taken an accounting course in a long time, but I'm wondering if they're looking at the total assets minus total liabilities, which would mean the company has more debt than they could pay off, even if they sold all the assets?

Again, I'm no expert, but if you look at that equation, does it match the number on the denial notice?

The work you've put into this forum is greatly appreciated, so I hope you're able to work this out.

Good luck!
 
hi mustbepatient

the total assets and total liabilities are always the same.
I checked the tax return doc, and talked to accountant (she's not a CPA though). Indeed assets-liabiliries = 0
thanks anyway for your input :)

kenboo
 
Kenboo,

If your company has assets (+7million) which is more than the proposed salary of yours (I hope) then USCIS should approve the I-140.

Please read "wac 140 sus_wage.pdf" which is in this forum (do a search)
 
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