I have a denied I-140 from previous employer (S corp) based on "Ability To Pay". For 2007, the W2 wage is 10K less than the proffered wage. My previous employer has corporate bank balance for the year 2007 that sufficiently covers 10K. The cash balance can be established to represent funds in addition to cash assets listed on Schedule L, already considered in calculating the petitioner's net current assets.
Should my employer consider sending a "Motion To Reopen" or an "Appeal"? the following suggests that MTR comes free with an appeal.
I am wondering why one would ever file just MTR?
"§ 1103.3 Denials, appeals, and precedent decisions.
(iii) Favorable action instead of forwarding appeal to AAU. The reviewing official shall decide whether or not favorable action is warranted. Within 45 days of receipt of the appeal, the reviewing official may treat the appeal as a motion to reopen or reconsider and take favorable action. However, that official ..."
Thanks,
Should my employer consider sending a "Motion To Reopen" or an "Appeal"? the following suggests that MTR comes free with an appeal.
I am wondering why one would ever file just MTR?
"§ 1103.3 Denials, appeals, and precedent decisions.
(iii) Favorable action instead of forwarding appeal to AAU. The reviewing official shall decide whether or not favorable action is warranted. Within 45 days of receipt of the appeal, the reviewing official may treat the appeal as a motion to reopen or reconsider and take favorable action. However, that official ..."
Thanks,