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Ability to pay issues and other 140 RFEs etc. All discussions about Ability to pay issues and other 140 RFEs etc.

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  #1 (permalink)  
Old 09-22-2007, 06:16 PM
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Default has anybody successfully appealed an I-140 denial?

My lawyer was not able to prove the ability to pay after request for evidence and my I-140 was denied.

I changed lawyers already and we are appealing the case with solid evidence. Is there anybody in the forum that has successfully appealed a I-140 denial? If so, how long it took?
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Old 10-22-2007, 08:31 PM
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I will answer my post myself: I was able to win the appeal and they sent me the decision 2 weeks after sending the notice to reopen.

So there is hope after i-140 denial
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Old 10-22-2007, 08:34 PM
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Great! Thanks for the info. 2 weeks is fast.
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Old 01-09-2008, 10:31 AM
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Default this is a relief to know

Quote:
Originally Posted by miami75 View Post
I will answer my post myself: I was able to win the appeal and they sent me the decision 2 weeks after sending the notice to reopen.

So there is hope after i-140 denial
This is a releif to know
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Old 01-09-2008, 01:09 PM
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Dear Miami:
Good to hear that, can you please lete us know who is the New lawyer who has tackled this case. Bcoz getting an 140 approved which has been denied is a big thing

Thanks in advance
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  #6 (permalink)  
Old 01-09-2008, 01:48 PM
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hi miami75,

I sent you a private message.
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  #7 (permalink)  
Old 01-09-2008, 02:11 PM
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Default ability to pay

Quote:
Originally Posted by miami75 View Post
My lawyer was not able to prove the ability to pay after request for evidence and my I-140 was denied.

I changed lawyers already and we are appealing the case with solid evidence. Is there anybody in the forum that has successfully appealed a I-140 denial? If so, how long it took?
how much was stated in your application for ability to pay?
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  #8 (permalink)  
Old 10-22-2008, 05:01 PM
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hi Miami75,
Was there a secondary applicant(s) (wife, kids) in your case. was 140 denied for them as well. If yes, did you re-appealed for all the applicants or just the primary application (i.e u in this case) ?

thanks.

Last edited by sac-r-ten; 10-22-2008 at 05:03 PM. Reason: typo
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Old 10-22-2008, 05:09 PM
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Default

Quote:
Originally Posted by sac-r-ten View Post
hi Miami75,
Was there a secondary applicant(s) (wife, kids) in your case. was 140 denied for them as well. If yes, did you re-appealed for all the applicants or just the primary application (i.e u in this case) ?

thanks.
140 is the company's petition filed on the primary beneficiary's behalf and hence there is only 1 application.

You might be referring to I-485 ??
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  #10 (permalink)  
Old 10-22-2008, 09:47 PM
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Default 140 - 485 denial

indyanguy,
yes you are correct. 485 was denied since 140 was denied. Also 485 was denied for both me and my wife.
Now my 140 was re-appealed and my 485 was MTRed, do i need my wife's 485 also MTRed?

thanks for response.
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  #11 (permalink)  
Old 10-23-2008, 02:16 AM
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Congratulations, good to know that...Can I know the name of the lawyer too ?
I'd appreciate the info.
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  #12 (permalink)  
Old 10-23-2008, 09:44 AM
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Default 140 - 485 denial

hi all,
My attorney says that my wife's 485 deniel will be reopened once i get my 140 approved. Is that correct answer?

FYI both my 140 and 485 were denied on education basis. I have re-appealed 140 with edu eval and reopened my 485. But when i asked the attorney about my wife's 485, he says the above mentioned.

Any seniors/experienced members please reply.

thanks.
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  #13 (permalink)  
Old 01-08-2009, 06:13 PM
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Quote:
Originally Posted by miami75 View Post
I will answer my post myself: I was able to win the appeal and they sent me the decision 2 weeks after sending the notice to reopen.

So there is hope after i-140 denial
please let me know who the lawyer was??? how did you find a new one in such a short time....please let me know what you submitted for Ability to Pay MTR.

thanks a lot
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