I-140 denied

[talash]

Hi folks !
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!

[kopra]

Talash, what was the RFE?


Hi folks !
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!

[gconmymind]

Hi folks !
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!

Keep your options open regarding changing employers and file for an appeal if you can. Notice should tell you the reason for denial. What is your employer/attorney saying?

[talash]

RFE was for employers ability to pay .and my friends got same RFE and we has same atorney .employer is financially strong and im sure with good ability to pay .I didnt get notice yet .just got online update .

[talash]

I have an option of having 2 employers at same time .because i work only 2 weeks in a month .i can have an other employer for other 2 weeks in a month .Even if i work 12 days each for both employes they are OK .and both are willing to help me .I just need advise for best option .attorny probbaly wats to file MTR after receiving notice .

[talash]

some one help please

[rameshvaid]

some one help please

You can appeal quoting your friend got approved. I have seen in the past, people got their approvals in appeal.

You must consult a good attorney and go for appeal if you think your employer is willing to help and has the ability to pay, appeal is your best route or go for another job and reaply with your new employer.

Good Luck..

RV

[kshitijnt]

some one help please

Open an MTR I-290B. Looks like your lawyer did not properly respond to RFE.

[lazycis]

ask lawyer to file MTR and resend response to RFE along with it. You should get a quick response (within 4-6 weeks). If MTR is denied, ask to file appeal, but sometimes it's better to change employer and start from scratch. Appeal can be a long process.

[talash]

thanks for ur input all senoir members .I'll keep u posted when i get notice from CIS .I think MTR nad joining another employer may be my best option .
Thanks for ur input all senior members .

[talash]

i dint get denail notice yet.Denied on april 22 .Getting worried .Is it normal for such a long delay in getting denail notice ?

[amitjoey]

i dint get denail notice yet.Denied on april 22 .Getting worried .Is it normal for such a long delay in getting denail notice ?

NO, it is not normal. My lawyers recieved the denial notice in a weeks time and they had told me that they would contact USCIS if they did not get the notice in 14 days.

[techskill]

NO, it is not normal. My lawyers recieved the denial notice in a weeks time and they had told me that they would contact USCIS if they did not get the notice in 14 days.



Even my AP got approved on april 22nd and it was mentioned in status that the approval notice was sent on april 22nd. But again they updated the same info on May 1st.Still i havent recd the approval notice.

[desidude]

One of my friends had similar denial. He approached Sheela Murthy, they did appeal MTR for him... later he got approved... Make sure you go with a good lawyer who can bring you out of the situation... I know, it would cost you little money but it's worth trying especially if your PD is pretty old... BTW, what is your priority date and 140 filing date?



Hi folks !
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!

[abracadabra102]

You can appeal quoting your friend got approved. I have seen in the past, people got their approvals in appeal.
RV

I am not sure if this can be a good defense for ability to pay issues. Employer's revenue/profits drive the number of employees that can be sponsored for GC. It is not everyone or no one scenario.

[talash]

I didnt get notice yet .I read on these posts that we have only 30 days to file MTR.What if i dont get notice till that time .Is it appropraiate that my employer of his attorney contact CIS and let them know that we didnt recieve denail yet and that way have a proof and buy some time .

[talash]

some one suggest me options please .
I'm on 4th year of H1b .I140 denied and didnt get denail notice yet .if MTR fails what should i do .Change employer ?

[talash]

some one help ??????

[talash]

Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?

[Dipika]

Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?

You should call USCIS to let them know that your notice is still not reached to you, so incase if it's stuck on the way, they could send another copy.

[amitjoey]

Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?


Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.

[talash]

Thanks for ur input friends .My employer called today and opened a service request for denail notice and Attorny sent them note in writing that we didnt get denail notice as of today .I hope that way i can buy some time for MTR.Others employees of the same company who got RFE on A2p continue to get their approvals so i really dont know what went wrong here .

[talash]

Making it more strange .My I-485 got denied om april 18th and my wifes 485 denied april 19th and online LUD says denail mailed on april 21 for both and then on april 22 i see I140 denial amd mailed but we didnt get any on denail notices yet .

[talash]

My i 140 is denied on A2P issues.Ive filed MTR.Any one knows how long it takes to hear back from them on MTR.anf if MTR gets denied can i file new 140 using same old labour ?some one help please >>>

[amitjoey]

My i 140 is denied on A2P issues.Ive filed MTR.Any one knows how long it takes to hear back from them on MTR.anf if MTR gets denied can i file new 140 using same old labour ?some one help please >>>

I got my I140 approved just today!!. It was pending since Oct 2006. And then they denied it in March 2008. After filing MTR it took a month to get it approved.

[talash]

Was ur denail on A2p ?or education related n do we get a new receipt number after filing MTR?

[amitjoey]

Was ur denail on A2p ?or education related n do we get a new receipt number after filing MTR?

A2P...YES!! you will get a receipt. MTR is I290B

[talash]

they sent 290B with denail .what documents did u send with MTR? so repeipt number would be new not the one i have for 140?

[talash]

hey can i call u or u call me if i PM u my fone number ?

[amitjoey]

hey can i call u or u call me if i PM u my fone number ?

I have no idea what the lawyers sent. Lot of it was my employers financial statements, ability to pay and profit-loss statements (I guess). I was not privy to any of this.
send me a PM with ur no, will call you.

[kumar4875]

I am in 9th year extension with priority date 09/2002.

My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:

I have Visa vailid till Jan09.

1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.

2.Is the Priority date transferrable if I change the employer?

[wandmaker]

I am in 9th year extension with priority date 09/2002.

My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:

I have Visa vailid till Jan09.

1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.

2.Is the Priority date transferrable if I change the employer?

You can carry forward the priority date only if the 140 is approved. You will have to start from scratch (ie. from labor) - it will be neck to neck, act fast.

[pappu]

I am in 9th year extension with priority date 09/2002.

My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:

I have Visa vailid till Jan09.

1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.

2.Is the Priority date transferrable if I change the employer?

Why was your I140 denied after it was approved? Provide more details

What did your denial letter for I140 and I485 say?

[kumar4875]

Why was your I140 denied after it was approved? Provide more details

What did your denial letter for I140 and I485 say?

My I-140 was never approved..

there was a first RFE for my exp letters,

and then there was an enquiry against Employer
and then RFE for A2P
and after answering A@P it is denied.

while it was pending, during July07 fiasco we applied for I-485.

[pappu]

My I-140 was never approved..

there was a first RFE for my exp letters,

and then there was an enquiry against Employer
and then RFE for A2P
and after answering A@P it is denied.

while it was pending, during July07 fiasco we applied for I-485.

Do you know why there was an inquiry against Employer?

Your case seems different

[kumar4875]

Do you know why there was an inquiry against Employer?

Your case seems different

Personnel message sent.

[pappu]

Personnel message sent.

Saw your message. Thanks.

If that is the sole reason for denial, consider filing an appeal and think of a backup plan. Get a good lawyer if you do not have one.

[kumar4875]

Saw your message. Thanks.

If that is the sole reason for denial, consider filing an appeal and think of a backup plan. Get a good lawyer if you do not have one.

Thanks Pappu.

I am having a good attorney .He is desi , He is reputed , have good experience , he has got good web site also. He is waiting to see what is there in the denial notice.The denial update on website is 18th.so it may take another 3 weeks for him to receive the notice.

In the mean while I am trying to get an employer to file a Labor as future Employee.since only 6 months left on H1b , I dont know what options are left for me.:confused:

since the I-140 is not clered, my priority date canot be captured.

6years( 4 years for labor , almost 2years for I-140) of waiting and $12000 gone to drain.:mad:


thank you very much for suggestions

[LostInGCProcess]

6years( 4 years for labor , almost 2years for I-140) of waiting and $12000 gone to drain.:mad:


That's very sad to hear and its truly very very frustrating. Now is the time you should be thinking more positively and move ahead. Don't look back that would depress you. Its very hard...but you got to move on and don't lose hope.

[VivekAhuja]

Since you work only 2 weeks, the RFE must be because your earnings don't add up as for 40 hours a week!
Unless you get a new H1-B you cannot work for another employer, unless you use EAD and lose your H1-B status.

[msekhargc]

sorry.. wrong thread

[sri1309]

Search immigration.com ("i-140 denied, urgent help please"). I went thru this, attorney was so-so, not experienced in handling cases like this as he is a small firm. So I went to one of the BIG firms and got it MTR'd and cleared in 3 weeks. I spent 3K, but never thought about it before or after.
While you work on backup options, dont just let go the current status that you got in 4-6 yrs.
The new attorney could easily make up for the pay.

Sri.

[SunnySurya]

I was just wondering, do you have that much paitence to start all over again. It is going to be another 10 years , if you are sent back in the line.
I am in 9th year extension with priority date 09/2002.

My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:

I have Visa vailid till Jan09.

1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.

2.Is the Priority date transferrable if I change the employer?

[desi3933]

some one help please

Is your current job part time and GC is for future full-time job?

What about your fellows?