I140 Denial notice sent…please help.

[crao_a]

Hi,
Please help...here is my case:
My LCA was approved in 2007…job requirements mentioned in LCA was Bachelor’s degree + 3 years of experience.
Brief history about me:
• I did pass B.Tech. in 1996 and worked for a very small companyA about an year or so (which was not shown as an experience so far).
• Then I worked for companyB for about 2 years and 2 months and got an offer(companyC) from India to work in USA.
• Immediately I resigned companyB and joined the mandatory training/induction/in-house project of companyC without any pay in India for 5 months…then I came to USA to companyC USA office and worked for 3 months
• Then I transferred my H1 to companyD, which is my current company from November 2000

(So, obviously attorney made the mistake of putting 3 years as the requirement where as I gave to him only 2 years 5 months of total experience before current employer)

I have received an RFE asking to prove 3 years of experience prior to my priority date May 2004 including current (?) or former employers & company Federal tax filings.
I have received Denial notice last week saying following 4 reasons:

1) There was a confusion when my employer answered the RFE with November 2000 start date (which is true). Whereas they previously have the experience letter with September 2002 start date (which is incorrect). So, they clearly say to meet the 3 years of exp., we moved the date to Nov 2000, which is not true ( I have paystubs and w-2s from year 2000).
2) companyB changed their name while I was working there itself…so, the experience letter name is not matching with the original offer letter
3) companyC start date was not mentioned in the offer letter…so, they couldn’t count exact months I worked.
4) Asked for 2007 tax filings from companyD which was not submitted while answering RFE

I can prove #1 with my W-2s and #4 with 2007 & 2008 tax filings from employer
My questions while I appeal my case are
a) Can the current employer experience count? If it is…is it from Nov 2000 or Sep 2002?
b) companyB is no more in India…how do I handle#2
c) companyC also merged into some other big company…so no hope of help from them…I can prove that I worked there for 3 months with my paystubs and Year2000 w-2.

Thanks for your time and timely help in advance,
Rao

[crao_a]

Hi all,
My I140 was approved after I appealed the decission by submitting all the required evidences...thanks.

[unseenguy]

congrats!

[gkrish]

and good luck for the remainder of the journey. And thanks for closing the loop by posting your update.

[GCperm]

Congratulation. You definitely earned it.

Originally Posted by crao_a

Hi all,
My I140 was approved after I appealed the decission by submitting all the required evidences...thanks.

[Sheila Danzig]

Originally Posted by crao_a

Hi all,
My I140 was approved after I appealed the decission by submitting all the required evidences...thanks.

Great news!

[Wizkid]

I am in the US on L1 and my I140 was denied because they say I did not explain my duties as president of the company although I did. They just didn't read it. Does anyone know or has gone through this ? I sent my appeal in June 09 and I still haven't got any news about my case being re-opened or anything. I still have 3 years on L1 left but I'm still kind of worried. I feel this is truly unjustified.

[ArkBird]

Originally Posted by Wizkid

I am in the US on L1 and my I140 was denied because they say I did not explain my duties as president of the company although I did. They just didn't read it. Does anyone know or has gone through this ? I sent my appeal in June 09 and I still haven't got any news about my case being re-opened or anything. I still have 3 years on L1 left but I'm still kind of worried. I feel this is truly unjustified.

You are president of the company and you did your filing/appealing yourself? No Lawyers? When/How do you run the business??