what should I do? my I-140 denied

zaks

Registered Users (C)
Because: Not qualified for the job. Although RFE was sent on time to prove job experience and the required qualifications.

So far I read, I'll have two options to go by:
1. Appeal: Does anyone know how long could it possibly take? I strongly believe my qualifications are more than the job required, certainly I can prove that too. In answering RFE, we didn't collect current letters from former employer, thats why they denied my case. However, if it take too long, I could probably re-file I-140.

Your advice will be highly appreciated.

2. Re-filing: Will I be able to request for a premium processing for a new pplication of I-140 and I-485. Although, I'm not 100% sure, if I'm eligible to re-file or not?

Please suugest. Thanks.
 
Sorry to hear about your denial.

Thats for sure that you are not eligible to refile with priority processing.
As per the law you can do priority processing only with the original copy of labor.
Refiling is the best option although if i were you I will file MTR (If you are sure that you can overcome the denial).
Whenever you file make sure you file properly with all the documentation.
 
thanks kapsy.
I just read an article
(http://www.greencardapply.com/news/news05/news05_0709.htm)
that MTR sometimes do not go to Administrative Appeals Office (AAO) if arguments are legitimate, in that case they simply approve the case within a short time.

My case was filed by our school's international office, and this is their first ever I-140 denial. They are not 100% sure how to appeal, so they are seeking help from Immigraton Lawers. Previously they answered identical RFEs for people from other countries and they all got approved in no time. Anyways..

I got confused when they (our international office) said the appeal decision from USCIS would most likely take more than one year and sometimes lot more. If this is the case, may be new filing will be much faster.

Does anyone know what it takes........ especially how long, the entire appeal process? Any information will be highly appreciated. Thanks.
 
Appeal process can take up to 1 year to 2 years and chances of getting approval from appeal is 5% statistically. If you have sufficient evidence to overcome the denial just file MTR, if all the evidence looks good they will just approve it there.
Otherwise filing a new I140 might be a better way to go.

For appeal you need to file I290B, you can find that form on uscis.gov web site.
 
I thought when you appeal, it'll automatically be considered for MTR (Motion to Reconsider) for agency decision. If they are still not convinced, then it'll go to AAO. Guess, I'm wrong then!

Thanks again Kapsy, I'll ask my international office to file MTR instead of an Appeal. I truly believe the ground they denied my application has nothing to do with my qualification, I only have to collect the updated documents and reorganize as they asked for.
 
You are right I290b will first considered as Motion to reopen if they don't like it they send it to appeals. if you don't want it to go to appeals then you can only file Motion To Reopen (I290A) which will just be MTR and if they like it they approve it right there.

The reason I am advicing this way is that if you decided to file new I140 you will need to withdraw your appeal, as you appeal is pending they won't even touch your new I140.

But again I will discuss all the options with the lawyers, this is my experience and whatever i learnt from this forum.
And again keep posting on this forum so that others might learn from that.
 
I just filed for MTR (motion to reconsider). Didn't know for sure whether I should have filed for Motion to reopen instead? What is the basic difference between them?

Also, could anyone tell me how long they usually take for MTR decisions.

Truly appreciate your help. Thanks.
 
kapsy,
I just saw the following in your posts, what did you mean by LUD? Looks like, you filed I290B? how long did they take to make a decision? Please let me know a bit details. I'd really appreciate your help. Thanks.

Zaks
belasheshe@hotmail.com


LC: RIR (PD 12/2002) AD:08/2004: EB3
I140: RD/ND: 12/11/2004 AD: ??? (LUD:08/24/07)
I290B: LUD:07/22/07, 08/23/07, 08/24/07
Self I485: RD/ND: 12/11/2004 AD: ??? (LUD 07/14/07)
Wife's I485: RD/ND: 12/11/2004 AD: ??? (LUD 07/14/07
New I140(Same Labor) (02/26/2007)
I485 - NSC received the packet on 07/26/07
RD: 10/01/2007

Case 2 : Perm Labor approved June 2007
 
LC: RIR (PD 12/2002) AD:08/2004: EB3
I140: RD/ND: 12/11/2004 AD: ??? (LUD:08/24/07)
I290B: LUD:07/22/07, 08/23/07, 08/24/07
Self I485: RD/ND: 12/11/2004 AD: ??? (LUD 07/14/07)
Wife's I485: RD/ND: 12/11/2004 AD: ??? (LUD 07/14/07
New I140(Same Labor) (02/26/2007)
I485 - NSC received the packet on 07/26/07
RD: 10/01/2007

Can you explain why you filed two I-140's on same labor?
 
worrieddude,
I didn't file two I-140s yet. However, I have to file another I-140 if my MTR decision is not received by the time my Labor expires, which will be roughly January 14th.

Looks like you also Appealed on May 06, did your file go to AAO? Please help me here..
Did you file MTR? or actually appealed to AAO?
How long did it take on the MTR status before they sent to AAO?

Do you know the difference between (MTR for) reopen or reconsider. I filed for reconsider, did I do any mistake... I'm really worried. Any help will be appreciated. Thanks.
 
Reason why I asked about the I-140 was because you have a New I140 of date 2/26/2007 on the same labor. Apparently you copied Kapsy's signature in your response.

You laywer has filed I290B, this will go the AAO, and it has in your case. This will take over 17 months to come out. Most of the time it is rejected. You are wasting time and money on this.

In my case the lawyer [EMPLOYER, was definitely involved in messing up through lawyer] misguided me and filed I290B (Education issue). I started reading these forums and got some good advice. My case also went to AAO, lawyer started telling me that decision will be made in 6 months etc and kept telling lies. Then I told lawyer to withdraw appeal and refile.
This time there was RFE on A2P. I got mad at lawyer. My employer has over 300 employees with + revenue. He claimed that all document was attached, but officer did not see. Finally after 5 more months this got approved.

MTR should take about a month. Anything longer than that, the case is normally sent to AAO Black Hole.

I found another lawyer and am happy that case is filed properly. Now I am in control of GC. You may want to do the same by getting your OWN lawyer who is not related to company.
 
Last edited by a moderator:
Thanks so much for your reply.
My school filed I290B only for MTR (motion to reconsider). So, in case it is denied, it'll not go to AAO. If I don't get their decision by January 14th, We'll file fresh I140 on the same labor.

This is really comforting to know that MTR usually takes a month. By any chance, do you think motion to reconsider or reopen will have different impacts on my case. Originally, we filed for I140 and 485 together back in December 06.

In the form [Part 2], I was confused on what box to check, we checked 'E', was it a wrong decision?
http://www.uscis.gov/files/form/I-290B.pdf
 
Should have checked "F" I am filing a combined motion to reopen and reconsider a decision. My brief and/or additional evidence is attached.

"E" may work though. (assuming that the case is not closed, I wonder what their terms mean).

You will get to know in about a months time.
 
Zaks,

My I-140 got approved with MTR. It took 20 days from USCIS receipt till status change to approval. You can check my thread "I-140 denied, urgent help please".
MTR status changed to "Reopened" in 18 days and also said they will make a decision in 30 days.
Good luck to you.

Thanks,
Sunny.
 
Thanks Sunny,
I just read your thread. It's good to know that your MTR was decided in 20 days. I'm really hoping.... they decide my MTR within a month. I'll post as I receive anything from them.
 
Zaks,

My I-140 got approved with MTR. It took 20 days from USCIS receipt till status change to approval. You can check my thread "I-140 denied, urgent help please".
MTR status changed to "Reopened" in 18 days and also said they will make a decision in 30 days.
Good luck to you.

Thanks,
Sunny.

Hi Sunny

congrats on getting 140 approval, i can feel the joy of getting this, i am in the same boat my 140 got rejected due to a2p 40% less salary for 3 consecutive years, lawyer send all documents in response to RFE and added more evidence in MTR and is v confident.

havent got a response since receipt date of oct 18 for MTR.

i would appreicate if you can help with following queries

do you know if your online status stated
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

while you case was in process
i wanted to make sure that they have not sent my petition to AAO which takes years...

2) Did you got ur ead and 131 before denial
and are you doing anything to get it reopened
 
Hello

Recently my I-140 got denied, but I have received my EAD and my 485 is also filed. My green card was filled by my previous employer with whom I have good terms. My previous job was in the hotel Industries Clarion Hotel recently changed to Quality Inn . The company was showing loss for the last 3 years and now this year it is showing some profit. The hotel property is worth 6 million which recently appraised, besides this the owner has an asset of 6 million or more. Also my H1-b get expired this July 2008 ( 6 th year) In such circumstance what is the best option for me

1. File the motion of appeal, If so what are my chances.

2. Can I file from a new company a fresh new application. ( I am a consultant working for a client in NJ My client is willing to file my Greencard who has a turnover of 45 million annualy

3. My wife is on H4 for the last 3 years, can She file for L1 visa on her father's company who is having a profitable manufacturing business in India for the last 15 years. and she is one of the directors.

4.There is one more sound company in New Jersey is also willing to file my green card.

Please let me know if you can help

Thanks

Jay
 
Online status of my original I-140 application is saying they have sent I-140 approval notice today (Jan 2nd). Thanks God and of course thanks to YOU all for your help and suggestions.

Zaks
 
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