Hi there,
My I-140 got rejected
... ability to pay was the issue ... I would really appreciate it if you can throw some light on this please ...
Details :
-----------
I initiated my GC process thru company X (California based) ... Priority Date (PD) is June 20, 2003 ...
I am NOT on their H1 ... so it was future employee based ...
The company didn't make any profit during 2002 or 2003 ... I guess it reported around $35K loss ... 2004, 2005 & 2006 are profitable ... around $20K profit each year ...
At that point (in 2003) I really didn't realize the importance of profit/loss of the company before initiating the GC process ... my bad and HUGE mistake ...
Company has 2 other guys on their payroll ... they also have got RFE's on their I-140 applications but not rejected yet ...
My labor got approved in Aug 24, 2006 ...
Filed I-140 on Oct 11, 2006 ... it went to TSC ...
Got RFE on Nov 1, 2006 ... ability to pay related ... (I'll have more details later on ...)
Responded by Nov end ... I-140 process resumed on Dec 1, 2006 ...
It got rejected on Jan 5, 2007 ... but I got notified today (Feb 16, 2007) ... (blame game for delayed notification is happening now between the attorney and company official) ...
1) 30 day timeframe to file an appeal was over by Feb 5, 2007 ... The attorney says since I am NOT an employee there was no point in filing an appeal anyway ... she suggests re-filing I-140 ... My confusion is what are we to do differently if we are to re-file I-140 ? ...
2) I am on 8th year H1 extension and my H1 is valid till May 24, 2007 ... Can I can re-file now and file for my 9th year H1 extension ? ...
3) Is it wise to initiate another GC process (start from scratch) with my current company before my 9th year H1 extension gets approved ? ... I mean, if I don't get the extension, then I would've to pack my bags and get out by May 24, 2007, right ? ...
Kindly advise ! ... If I haven't given you enough info, please lemme know what specific details you require ...
Thanx
-Gctex
My I-140 got rejected
... ability to pay was the issue ... I would really appreciate it if you can throw some light on this please ...Details :
-----------
I initiated my GC process thru company X (California based) ... Priority Date (PD) is June 20, 2003 ...
I am NOT on their H1 ... so it was future employee based ...
The company didn't make any profit during 2002 or 2003 ... I guess it reported around $35K loss ... 2004, 2005 & 2006 are profitable ... around $20K profit each year ...
At that point (in 2003) I really didn't realize the importance of profit/loss of the company before initiating the GC process ... my bad and HUGE mistake ...
Company has 2 other guys on their payroll ... they also have got RFE's on their I-140 applications but not rejected yet ...
My labor got approved in Aug 24, 2006 ...
Filed I-140 on Oct 11, 2006 ... it went to TSC ...
Got RFE on Nov 1, 2006 ... ability to pay related ... (I'll have more details later on ...)
Responded by Nov end ... I-140 process resumed on Dec 1, 2006 ...
It got rejected on Jan 5, 2007 ... but I got notified today (Feb 16, 2007) ... (blame game for delayed notification is happening now between the attorney and company official) ...
1) 30 day timeframe to file an appeal was over by Feb 5, 2007 ... The attorney says since I am NOT an employee there was no point in filing an appeal anyway ... she suggests re-filing I-140 ... My confusion is what are we to do differently if we are to re-file I-140 ? ...
2) I am on 8th year H1 extension and my H1 is valid till May 24, 2007 ... Can I can re-file now and file for my 9th year H1 extension ? ...
3) Is it wise to initiate another GC process (start from scratch) with my current company before my 9th year H1 extension gets approved ? ... I mean, if I don't get the extension, then I would've to pack my bags and get out by May 24, 2007, right ? ...
Kindly advise ! ... If I haven't given you enough info, please lemme know what specific details you require ...
Thanx
-Gctex