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  #1 (permalink)  
Old 10-02-2007, 04:22 PM
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Default I-140 denied

I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
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  #2 (permalink)  
Old 10-02-2007, 04:25 PM
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Default

What was the reason behind the RFE?

Quote:
Originally Posted by gchopefull View Post
I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
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  #3 (permalink)  
Old 10-02-2007, 04:27 PM
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Default A2p

the RFE was on Ability to Pay
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  #4 (permalink)  
Old 10-02-2007, 04:39 PM
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Default Approved labor?

Did you use an approved labor?

Quote:
Originally Posted by gchopefull View Post
the RFE was on Ability to Pay
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  #5 (permalink)  
Old 10-02-2007, 04:54 PM
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Default

yes it was approved labour and not a subsitution.
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  #6 (permalink)  
Old 10-02-2007, 05:06 PM
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Default

Quote:
Originally Posted by gchopefull View Post
I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
appeal is the only way out. With the I-140 gone, so is the 485 and EAD at this point.
You cant port the PD (porting PD requires an approved I-140)
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  #7 (permalink)  
Old 10-02-2007, 05:06 PM
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Default My two cents...

If the employer is in good financially, then somehow it was not proved to th USCIS when you submitted the docs for the RFE.

If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
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  #8 (permalink)  
Old 10-02-2007, 05:08 PM
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Default Company showing losses

Quote:
Originally Posted by gchopefull View Post
the RFE was on Ability to Pay
If the company is making profit and they are paying salary as specified in LC. I think you be good after appealing.
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  #9 (permalink)  
Old 10-02-2007, 05:11 PM
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Default

if u feel company is in bad shape, then file perm through another employer..stay with this company in the meantime till ur h1 expires and file an appeal for the 140..if appeal fails..u'll have an approved labor by then with the other employer and u can jump to his company..
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  #10 (permalink)  
Old 10-02-2007, 05:39 PM
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Default

r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
thanks
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  #11 (permalink)  
Old 10-02-2007, 05:52 PM
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Default nj boy

just pm you.
thank you
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  #12 (permalink)  
Old 10-02-2007, 05:54 PM
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Default

Applying PERM & H1 are diffrent. GC process is future employment so Any employer can sponser your PERM without joining him (But you have to join that employer if GC-485 get approved by him).
In My case, my earlier employer filed GC in 2004 but I140 got denied so I restarted whole GC process again.
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  #13 (permalink)  
Old 10-02-2007, 05:54 PM
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Default

Quote:
Originally Posted by gchopefull View Post
r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
thanks
That's the fundamental idea behind the green card process; Green Card is for a "future job".
There is no legal requirement that you have to be employed by a firm at the time the green card process is initiated (Labor Certification).
There is also no legal requirement you even be in US (ever) before the process is initiated.
The only legal requirement is that you work for the employer for some time (a few months is what the general consensus of lawyers seems to be) AFTER you receive your green card.
Regards.
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  #14 (permalink)  
Old 10-02-2007, 05:58 PM
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Default

I think if your company goofed on RFE, your best option is Motion to Reopen (it is used to submit new evidence, as opposed to ask for a different interpretation of existing evidence, which is an appeal). There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon).

Yes, the whole PERM/I-140/I-485 is for future employment. You do not have to work for the sponsoring employer until the date of your approval.
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  #15 (permalink)  
Old 10-02-2007, 06:04 PM
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Default please explain

what do u mean by
"There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon)".
does this means that if company files for appeal the 485/ead will be denied and revoked?
or if company files for mtr the 485/ead will be denied and revoked respectively?
thanks
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