I-140 denial reason not USA enterprise- help!

[sunanda_guru]

I am here in USA on 7th year H1b extension I had substitute labor it’s priority date was August 2006 and concurrent I140 & I-485 filed on July 2007, EAD and Advance Parole was approved initially for 1 year . On May 2008 I-140 got denied but I485 is still pending. On June 2008- I290B, NOTICE OF APPEAL TO THE COMMISSIONEI renewed my EAD for 2years (till Nov 2010) and Advance parole for 1 year till Nov. 2009, though my I-140 denied but they have approved the EAD and Advance parole for second time.

My employer is on this business for more than 10 years in USA and also sponsored couple of Green Card successfully. It appears that this must be an error. my employer would not have been able to file the PERM if it was not a US Enterprise because the DOL attempts to verify this through its own process. I did not get an RFE before denying it. It is very surprising and I am not sure on what basis they reached that conclusion.


Please help me , I have been waiting for appeal to be approved for last 17 months , I need to visit India . let me know if anyone has similar denial case.

[dealsnet]

Even if the original company is abroad, if they want to do business in USA nad want to keep an employee, they must register here as an incorporation. Other wise it is illegal to do business here. They must pay tax, social security etc....
If they have incorporated, it is a US enterprise.

Originally Posted by sunanda_guru

I am here in USA on 7th year H1b extension I had substitute labor it’s priority date was August 2006 and concurrent I140 & I-485 filed on July 2007, EAD and Advance Parole was approved initially for 1 year . On May 2008 I-140 got denied but I485 is still pending. On June 2008- I290B, NOTICE OF APPEAL TO THE COMMISSIONEI renewed my EAD for 2years (till Nov 2010) and Advance parole for 1 year till Nov. 2009, though my I-140 denied but they have approved the EAD and Advance parole for second time.

My employer is on this business for more than 10 years in USA and also sponsored couple of Green Card successfully. It appears that this must be an error. my employer would not have been able to file the PERM if it was not a US Enterprise because the DOL attempts to verify this through its own process. I did not get an RFE before denying it. It is very surprising and I am not sure on what basis they reached that conclusion.


Please help me , I have been waiting for appeal to be approved for last 17 months , I need to visit India . let me know if anyone has similar denial case.

[sunanda_guru]

Originally Posted by dealsnet

Even if the original company is abroad, if they want to do business in USA nad want to keep an employee, they must register here as an incorporation. Other wise it is illegal to do business here. They must pay tax, social security etc....
If they have incorporated, it is a US enterprise.

Thanks for your reply.
Even my attorney said that, it is purely error from their side, unfortunately he cannot do anything to expedite this process, I have been waiting so long,

[sunanda_guru]

I have noticed my appeal case is transferred back to USCIS, anyone know what that indicates. Is it AAO has not made any decision. Please let me if you have anything more.

The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now being processed at a USCIS office

Thanks!