I-140 denied - MTR/Appeal please adivse

[rbashir]

Guy,
I would first like to thank to all of you who are here to help each other and what a great effort IV is doing.

In my previous post http://immigrationvoice.org/forum/sh...ad.php?t=15889 (I-140 Denied Ability to Pay)
I have requested for help in regards with how to address the ability to pay denial . I have recieved a lot of help for various members and also talking with attorney, here is what we are planning to do as far as the appeal is concern.

1 - Since my company was not paying the proffered wages from the year 2003 to 2006 ( in 2007 they are), my company is agreed to pay me the difference of the salary from the year 2003 in check and will right a statement as to why I didnt get the fully salary before.

2 - Company will provide the last 2-3 months of payroll statement which is more that a milliion dollar.

3 - An audited financial statement of 2007

4- My recent pay stubs

5 - My W2 from 2003-2006

6- Recommendation letter from the federal client where I am currently working, showing that how important services the company is providing at the federal agency and since I am the project manager.

This is the list of documents that we have come up with to apply for an appeal. IN the mean time I am also filing a new labor with another company under PERM. Since my h1b is expiring in June 2008, if the I-140 get approve during the MTR and doesnt go to appeal stage I will be set, else if it goes to appeal then I am planning to extend the H1 based on appeal and will transfer my h1 to the company where they are filing a new labor for me and file 1-140 from there hence starting from one again.

I do want an advise from all of you if I am missing something that should file with the MTR/appeal. Any suggestion to improve my MTR/appeal filing is appriciated.

Thanks
RB

[Canadian_Dream]

3 - An audited financial statement of 2007

Try to obtain the audited financial statements from prior years, if you can't get it, attach a copy of employer's tax return. The ability of pay is determined at the time labor was filed or job was offered, current financial statements might not be as valuable as the old ones when the labor was actually applied.

Originally Posted by rbashir

Guy,
I would first like to thank to all of you who are here to help each other and what a great effort IV is doing.

In my previous post http://immigrationvoice.org/forum/sh...ad.php?t=15889 (I-140 Denied Ability to Pay)
I have requested for help in regards with how to address the ability to pay denial . I have recieved a lot of help for various members and also talking with attorney, here is what we are planning to do as far as the appeal is concern.

1 - Since my company was not paying the proffered wages from the year 2003 to 2006 ( in 2007 they are), my company is agreed to pay me the difference of the salary from the year 2003 in check and will right a statement as to why I didnt get the fully salary before.

2 - Company will provide the last 2-3 months of payroll statement which is more that a milliion dollar.

3 - An audited financial statement of 2007

4- My recent pay stubs

5 - My W2 from 2003-2006

This is the list of documents that we have come up with to apply for an appeal. IN the mean time I am also filing a new labor with another company under PERM. Since my h1b is expiring in June 2008, if the I-140 get approve during the MTR and doesnt go to appeal stage I will be set, else if it goes to appeal then I am planning to extend the H1 based on appeal and will transfer my h1 to the company where they are filing a new labor for me and file 1-140 from there hence starting from one again.

I do want an advise from all of you if I am missing something that should file with the MTR/appeal. Any suggestion to improve my MTR/appeal filing is appriciated.

Thanks
RB

[rbashir]

Originally Posted by Canadian_Dream

3 - An audited financial statement of 2007

Try to obtain the audited financial statements from prior years, if you can't get it, attach a copy of employer's tax return. The ability of pay is determined at the time labor was filed or job was offered, current financial statements might not be as valuable as the old ones when the labor was actually applied.

I can't get the audited statement of previous years, but I have the tax returns but they are not good, I have send them already when I filed the RFE.

RB

[rbashir]

Originally Posted by rbashir

Guy,
I would first like to thank to all of you who are here to help each other and what a great effort IV is doing.

In my previous post http://immigrationvoice.org/forum/sh...ad.php?t=15889 (I-140 Denied Ability to Pay)
I have requested for help in regards with how to address the ability to pay denial . I have recieved a lot of help for various members and also talking with attorney, here is what we are planning to do as far as the appeal is concern.

1 - Since my company was not paying the proffered wages from the year 2003 to 2006 ( in 2007 they are), my company is agreed to pay me the difference of the salary from the year 2003 in check and will right a statement as to why I didnt get the fully salary before.

2 - Company will provide the last 2-3 months of payroll statement which is more that a milliion dollar.

3 - An audited financial statement of 2007

4- My recent pay stubs

5 - My W2 from 2003-2006

6- Recommendation letter from the federal client where I am currently working, showing that how important services the company is providing at the federal agency and since I am the project manager.

This is the list of documents that we have come up with to apply for an appeal. IN the mean time I am also filing a new labor with another company under PERM. Since my h1b is expiring in June 2008, if the I-140 get approve during the MTR and doesnt go to appeal stage I will be set, else if it goes to appeal then I am planning to extend the H1 based on appeal and will transfer my h1 to the company where they are filing a new labor for me and file 1-140 from there hence starting from one again.

I do want an advise from all of you if I am missing something that should file with the MTR/appeal. Any suggestion to improve my MTR/appeal filing is appriciated.

Thanks
RB

Guys please adivse, anybody.

RB

[permfiling]

RB,
I have an appeal pending with AAO since 7 months now. We should request IV to put in the omnibus bill for faster processing of appeal cases by AAO (Administrative Appeals office) in Washington DC

Thanks
EB2 - 10/05

contributions : $500 so far

Originally Posted by rbashir

Guy,
I would first like to thank to all of you who are here to help each other and what a great effort IV is doing.

In my previous post http://immigrationvoice.org/forum/sh...ad.php?t=15889 (I-140 Denied Ability to Pay)
I have requested for help in regards with how to address the ability to pay denial . I have recieved a lot of help for various members and also talking with attorney, here is what we are planning to do as far as the appeal is concern.

1 - Since my company was not paying the proffered wages from the year 2003 to 2006 ( in 2007 they are), my company is agreed to pay me the difference of the salary from the year 2003 in check and will right a statement as to why I didnt get the fully salary before.

2 - Company will provide the last 2-3 months of payroll statement which is more that a milliion dollar.

3 - An audited financial statement of 2007

4- My recent pay stubs

5 - My W2 from 2003-2006

6- Recommendation letter from the federal client where I am currently working, showing that how important services the company is providing at the federal agency and since I am the project manager.

This is the list of documents that we have come up with to apply for an appeal. IN the mean time I am also filing a new labor with another company under PERM. Since my h1b is expiring in June 2008, if the I-140 get approve during the MTR and doesnt go to appeal stage I will be set, else if it goes to appeal then I am planning to extend the H1 based on appeal and will transfer my h1 to the company where they are filing a new labor for me and file 1-140 from there hence starting from one again.

I do want an advise from all of you if I am missing something that should file with the MTR/appeal. Any suggestion to improve my MTR/appeal filing is appriciated.

Thanks
RB

[rbashir]

Originally Posted by permfiling

RB,
I have an appeal pending with AAO since 7 months now. We should request IV to put in the omnibus bill for faster processing of appeal cases by AAO (Administrative Appeals office) in Washington DC

Thanks
EB2 - 10/05

contributions : $500 so far

Did you also file for MTR or just the appeal. also did you ever get an extenstion one your H! based on appeal.

RB

[uma001]

Originally Posted by rbashir

Guy,
I would first like to thank to all of you who are here to help each other and what a great effort IV is doing.

In my previous post http://immigrationvoice.org/forum/sh...ad.php?t=15889 (I-140 Denied Ability to Pay)
I have requested for help in regards with how to address the ability to pay denial . I have recieved a lot of help for various members and also talking with attorney, here is what we are planning to do as far as the appeal is concern.

1 - Since my company was not paying the proffered wages from the year 2003 to 2006 ( in 2007 they are), my company is agreed to pay me the difference of the salary from the year 2003 in check and will right a statement as to why I didnt get the fully salary before.

2 - Company will provide the last 2-3 months of payroll statement which is more that a milliion dollar.

3 - An audited financial statement of 2007

4- My recent pay stubs

5 - My W2 from 2003-2006

6- Recommendation letter from the federal client where I am currently working, showing that how important services the company is providing at the federal agency and since I am the project manager.

This is the list of documents that we have come up with to apply for an appeal. IN the mean time I am also filing a new labor with another company under PERM. Since my h1b is expiring in June 2008, if the I-140 get approve during the MTR and doesnt go to appeal stage I will be set, else if it goes to appeal then I am planning to extend the H1 based on appeal and will transfer my h1 to the company where they are filing a new labor for me and file 1-140 from there hence starting from one again.

I do want an advise from all of you if I am missing something that should file with the MTR/appeal. Any suggestion to improve my MTR/appeal filing is appriciated.

Thanks
RB

What is your PD? Are you with the same company since 2003?When did you file for I-140?When did you labor approved?

[permfiling]

Hi RB,
I filed an Appeal form 290 B for 140 in EB1 EA not for H1.

Thanks
Sunil
EB2 :10/05

[ho jayega]

Originally Posted by rbashir

Guy,
I would first like to thank to all of you who are here to help each other and what a great effort IV is doing.

In my previous post http://immigrationvoice.org/forum/sh...ad.php?t=15889 (I-140 Denied Ability to Pay)
I have requested for help in regards with how to address the ability to pay denial . I have recieved a lot of help for various members and also talking with attorney, here is what we are planning to do as far as the appeal is concern.

1 - Since my company was not paying the proffered wages from the year 2003 to 2006 ( in 2007 they are), my company is agreed to pay me the difference of the salary from the year 2003 in check and will right a statement as to why I didnt get the fully salary before.

2 - Company will provide the last 2-3 months of payroll statement which is more that a milliion dollar.

3 - An audited financial statement of 2007

4- My recent pay stubs

5 - My W2 from 2003-2006

6- Recommendation letter from the federal client where I am currently working, showing that how important services the company is providing at the federal agency and since I am the project manager.

This is the list of documents that we have come up with to apply for an appeal. IN the mean time I am also filing a new labor with another company under PERM. Since my h1b is expiring in June 2008, if the I-140 get approve during the MTR and doesnt go to appeal stage I will be set, else if it goes to appeal then I am planning to extend the H1 based on appeal and will transfer my h1 to the company where they are filing a new labor for me and file 1-140 from there hence starting from one again.

I do want an advise from all of you if I am missing something that should file with the MTR/appeal. Any suggestion to improve my MTR/appeal filing is appriciated.

Thanks
RB

Hello Rbashir

your case is same as mine, i got denial due to A2P, filed MTR on Oct 22
however my employer didnt transfer any funds for the difference in salary from 2002 till 2004 , however they did send audited financials + letter from CPA and CFO.

let me know once you get a response on ur MTR
my personal id is gune01@gmail.com