Approved 140 revoked by USCIS after 2.5 yrs(Ablty to pay)

[dimpi]

friends,
My approved I-140 is getting revoked becaude USCIS is saying they didn't verify ability to pay 2.5 yrs back and asked for more docs.

Neednot to say, I switched employers 2 yrs back and switched to EAD thinking everything should be safe.

This is the second time this year that my I-140 is being revoked. In feb,07 my i-140 and 485 was revoked because USCIS ignored AC21 and never asked me anything about AC21. I filed MTR and got it reopened in May.
In nov this another mess.

My case is at Vermont and it appears either the officer is retaliating or is ignorant.

I know this is unprecedented but i am broked down and fed up of fighting them. It has been a never ending journey for my family.

I have submitted all my the documents and don't know whats going to happen.

Any advice from the community will be helpful as I don't know what to do.

Another thing, i used VP office for clearing namecheck which was done on Nov2 and this I-140 revoked on Nov 8.

I am on my 3rd EAD.

thanks

[Munna Bhai]

Originally Posted by dimpi

friends,
My approved I-140 is getting revoked becaude USCIS is saying they didn't verify ability to pay 2.5 yrs back and asked for more docs.

Neednot to say, I switched employers 2 yrs back and switched to EAD thinking everything should be safe.

This is the second time this year that my I-140 is being revoked. In feb,07 my i-140 and 485 was revoked because USCIS ignored AC21 and never asked me anything about AC21. I filed MTR and got it reopened in May.
In nov this another mess.

My case is at Vermont and it appears either the officer is retaliating or is ignorant.

I know this is unprecedented but i am broked down and fed up of fighting them. It has been a never ending journey for my family.

I have submitted all my the documents and don't know whats going to happen.

Any advice from the community will be helpful as I don't know what to do.

Another thing, i used VP office for clearing namecheck which was done on Nov2 and this I-140 revoked on Nov 8.

I am on my 3rd EAD.

thanks

This is your first post in this forum, which doesn't sound normal.Could you please give more info about your case, pd, country etc.

[dimpi]

i can understand that my case is not normal because it isn't.

PD: May,2002
Country: India
I140: approved in Apr,05
I-485 : pending since May,05
I -140/485 revoked in Feb,07
MTR filed in Mar/Apr and case reopend in June
Name check letter sent to VP in Oct,07
Letter forwarded to Dept Homeland Sec On Oct 15,07
Name check clearerd on Nov 2,07
I-140 NOID dated Nov 8
EB3

I have used 3 EADs

I have similar posts on immigration.com by the same name

[deba]

Do you have a lawyer? what is his/her take on this? Did you use a company lawyer? If you are denied due to ability to pay issues, presumably everyone else during the same time period/similar jobs are to be denied too. Have you talked to anyone in your old co. who might have applied in the same time frame?

[dimpi]

i have been using same lawyer and my prev company has been very cooperative.

there have been people who were appoved. and the IO has mentioned that excess profits may have been allocated towards them.

We have already submitted all docs after amending my tax returns for last 4 years.

but we are talking revoking approved I-140 after 2.5 yrs.

Why will IO reopen my I-140 file again if there is no fraud.
I switched employers in Dec 2005 using AC21, he is asking show company's ability to pay until 2006 simply BS

my lawyer has done whatever anyone can do
but i just don't want to sit idle and wait for the decision as i have no fall back option as i gave up H1 after 140 approval and 180 days of 485 pending.

[dimpi]

additionally, people whose 140 got approved after me actually have gotten GC by now

[alterego]

Why did you have to ammend you tax returns?

What exactly was the ability to pay issue?

How many Green Cards did that company sponsor?

What is the size of your former company?

More details please.

[alterego]

Originally Posted by dimpi

additionally, people whose 140 got approved after me actually have gotten GC by now

I understand your frustration, but this is irrelevant right now. Many of us with 140s from years ago are still in the queue too.
You need to provide more details here, if you want better input/suggestions.

[dimpi]

Originally Posted by alterego

Why did you have to ammend you tax returns?

to avoid going into issue of showing that excess profits weren't allocated to others..
i was short of 5k in each 4 years,company had already issued me 1099s in prev years that my lawyer never sent before. also, i never properly accounted for 1099s in my tax returns so i had to amend them to include as wages and not as bbusiness income because this time i sent my tax return to USCIS

What exactly was the ability to pay issue?
i was short 5k each year. although co. had profits but IO is saying co. may have allocated that excess profit to other 140 approvals. he included 140 approvals that were done after my 140 approval.

How many Green Cards did that company sponsor?
4/5

What is the size of your former company?
100

More details please.

Bottomline, there has to be a reasonable time before USCIS can requestion a case. And i think 2.5 yrs is unreasonable

[dimpi]

Originally Posted by tom

This is probably something IV has to take to USCIS attention. Once using AC21, the benefeciary should not be burdened regarding I140.
At the time of approving this I140, the employer was able to show the ability to pay. It may be difficult now as many other cases from the company is processed after that and the net profit may not be enough to prove now.

in apr,2005 when my 140 was approved we did make our case by showing finacial statements and bank stmts

I joined company in Mar,02 which is what is receipt date of my h1
my PD is may 2,02

my H1LCA shows 45k annual salary and GC labor 80k
this means 7.5k in mar and apr and prorated 80k thru may,02
I was paid 55k on w2 and 5k on 1099

I think we never sent 1099 in apr,05 when they originally approved because at that time it was approved based on the fact compan's assets/income.

but now IO has identified couple of other 140s that were approved during that time and he has shifted burden of proof on us by saying it is possible that excess profit may have allocated to them.
We didn't want to go that route and just made sure that my salary was equal to proffered wage.. Although we did menetion that some of the 140s identified in letter were approved after my 140 approval in 05 so how can funds go to other people.

Not only this IO pulled my file for MTR filed this year for errorneous denial in feb, in which i have sent w2s for 05 and he is asking where are compan's tax statements for 05. 140 got approved in 05 and at that time there was no need for 05. It all appears that either he is retaliating or he is very ignorant.

Because he is asking us to prove company's ability to prove even after I left employer using AC21. Is that true that company has to prove ability to pat after AC21 also when employee has joined another employer.



I was paid

[alterego]

This does seem unreasonable. I am still not clear why the IO is rejecting your approved case. I mean, if your former company is supporting you, and you were paid the prevailing wage, and the company is in sound financial shape with audited records etc., where is the ability to pay issue? Worse yet, it seems like they are going back on their own evaluation of the company's ability to pay, which they should have verified prior to approving the 140.

Can you think of any other reasons why they might be taking a 2nd look at your case? I doubt the name check thing is a reason here.

I also can't believe they are that upset with folks for using AC21, knowing how bad retrogression is right now and since AC21 was brought in specifically for this reason.

[dimpi]

Originally Posted by alterego

This does seem unreasonable. I am still not clear why the IO is rejecting your approved case. I mean, if your former company is supporting you, and you were paid the prevailing wage, and the company is in sound financial shape with audited records etc., where is the ability to pay issue? Worse yet, it seems like they are going back on their own evaluation of the company's ability to pay, which they should have verified prior to approving the 140.

Can you think of any other reasons why they might be taking a 2nd look at your case? I doubt the name check thing is a reason here.

I also can't believe they are that upset with folks for using AC21, knowing how bad retrogression is right now and since AC21 was brought in specifically for this reason.

we never sent 1099 before and in his/her calculation there were diff of 1099 and IO was trying to look for income/assets to account for that diff. this time we sent IO 1099 and they add up to proferd wage.

But the first poiint that comes is why would IO reopen an approved case 2.5 yrs down the road.

I may not have evidence for to judge, but the sequence of dates tell me that there is somthg fishy.

Oct 16 namecheck letter forwarded from VP office to USCS
Nov 2 namecheck cleared
Nov 8 I-140 intent to deny letter

Who knows whats in IO mind for revisitng the 140 case but the point is if its the same IO who denied my 140/485 in feb,07 for not asking about my new emplyer, I am scared that if he does the same mistake this time i willl have to again go into appeal process.

And this time i don't have any H1 status as fall back. So I am very worried because that IO now control our lives

So strange that thhey can screw someones lives not because we did wrong but because of their ignorance.
I went thru this early this year when i had to be out of jo until my 485 was re-opened.

[singhsa3]

This is simply outrageous!

[sunny1000]

Originally Posted by dimpi

we never sent 1099 before and in his/her calculation there were diff of 1099 and IO was trying to look for income/assets to account for that diff. this time we sent IO 1099 and they add up to proferd wage.

But the first poiint that comes is why would IO reopen an approved case 2.5 yrs down the road.

I may not have evidence for to judge, but the sequence of dates tell me that there is somthg fishy.

Oct 16 namecheck letter forwarded from VP office to USCS
Nov 2 namecheck cleared

Nov 8 I-140 intent to deny letter

Who knows whats in IO mind for revisitng the 140 case but the point is if its the same IO who denied my 140/485 in feb,07 for not asking about my new emplyer, I am scared that if he does the same mistake this time i willl have to again go into appeal process.

And this time i don't have any H1 status as fall back. So I am very worried because that IO now control our lives

So strange that thhey can screw someones lives not because we did wrong but because of their ignorance.
I went thru this early this year when i had to be out of jo until my 485 was re-opened.

As you mentioned, try to find out if there is a statute of limitation on revoking an approved immigration petition minus new evidence that could trigger a revocation.

You may also want to keep in mind about other options such as filing a lawsuit at a Federal Court. But, you should be very sure of your evidence, it may take a couple of years in the court and cost a lot.

[dimpi]

friends,
what are my fall back options for visa status if my 140 is denied

i have been working on ead for last 3 yrs

even if i file lawsuit i need to be in some visa status to stay in this country