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  #1  
Old 03-17-2009, 12:22 PM
maine_gc maine_gc is offline
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Nov-04
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Default I140 Denied

I applied my I-140 in April 2007 (TSC). I received RFE on ability to pay in August 2008. It is replied in 3 weeks and yesterday my attorney recieved a denial notice. I am in US for 9 years and was in status all this time. My wages on w2 for the last three years are more than what is listed on the labor and still i got the denail. Reason for denail is wages on w2 are not sufficient. My PD is Nov 2004 EB2. Only in 2005 i has less wages on w2 compared to the labor.

My attorney is working on filing an MTR by next week. Can any one tell me

1) How long it will take for the MTR to get approved
2) I am still on H1 and it is valid till Jan 2010. While MTR is pending can i apply for H1b extension.
3) I think i can stay in the country till Jan 2010. Is is right?
4) Worst case scenario if the MTR is also denied what are my options.

Any help is appreciated

Thanks in advance
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  #2  
Old 03-17-2009, 12:31 PM
axp817 axp817 is offline
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Default

Sub. labor?

Not sure if it matters, just curious.

Maybe, UnitedNations will stop by and give some input.
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  #3  
Old 03-17-2009, 12:38 PM
maine_gc maine_gc is offline
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Priority Date
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Nov-04
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Default

No it is not a substitute labor. My labor was in BEC and it took more than 2 years for approval
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  #4  
Old 03-17-2009, 12:43 PM
gc28262 gc28262 is offline
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May-04
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Default

Quote:
Originally Posted by maine_gc View Post
No it is not a substitute labor. My labor was in BEC and it took more than 2 years for approval
How is the company financials for these years ? Were they strong ? What did your employer say about company financials for these years ?
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  #5  
Old 03-17-2009, 12:49 PM
maine_gc maine_gc is offline
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Default

Company says the financials are strong. There are two companies under the same management with approximately 600 employees combine. When the RFE is replied they included all the financial statements and employees W2 forms etc. They even revoked I140 for employees that left the company(using AC21)
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  #6  
Old 03-17-2009, 12:53 PM
ashkam ashkam is offline
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Default

Technically your wages don't have to match the LC wage until you actually get the green card. Although having a huge difference between the two might cause a problem. But since your wages were greater than the LC wage for the last three years, I don't think that's the issue here. The more plausible reason is that your company might be having financial problems / tax issues / too many green card applications as someone suggested.
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  #7  
Old 03-17-2009, 12:59 PM
maine_gc maine_gc is offline
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Default

This is the first I140 denial in the company history. I have friends working in the same company whose I140 is approved with no issues in the last 6 months. There are other applications at TSC which were applied at the same time as mine and most of them cleared last month and there are two more pending at TSC.
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  #8  
Old 03-17-2009, 01:42 PM
gc28262 gc28262 is offline
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:
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Default

Quote:
Originally Posted by maine_gc View Post
This is the first I140 denial in the company history. I have friends working in the same company whose I140 is approved with no issues in the last 6 months. There are other applications at TSC which were applied at the same time as mine and most of them cleared last month and there are two more pending at TSC.
Were all those friends in EB3/EB2 category ? Was the proffered wage for you and your friends different ?

Just trying to guess what might have gone wrong.
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  #9  
Old 03-17-2009, 02:16 PM
maine_gc maine_gc is offline
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Priority Date
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Nov-04
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I140 Mailed Date
:
04/20/2007
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I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: May 2006
Posts: 137
maine_gc is just really nice maine_gc is just really nice maine_gc is just really nice maine_gc is just really nice
Default

Most of them are EB2 and i am not sure about the wages.

Can someone please answer my questions
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  #10  
Old 03-17-2009, 02:24 PM
thomachan72 thomachan72 is offline
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Default

Quote:
Originally Posted by maine_gc View Post
I applied my I-140 in April 2007 (TSC). I received RFE on ability to pay in August 2008. It is replied in 3 weeks and yesterday my attorney recieved a denial notice. I am in US for 9 years and was in status all this time. My wages on w2 for the last three years are more than what is listed on the labor and still i got the denail. Reason for denail is wages on w2 are not sufficient. My PD is Nov 2004 EB2. Only in 2005 i has less wages on w2 compared to the labor.

My attorney is working on filing an MTR by next week. Can any one tell me

1) How long it will take for the MTR to get approved
2) I am still on H1 and it is valid till Jan 2010. While MTR is pending can i apply for H1b extension.
3) I think i can stay in the country till Jan 2010. Is is right?
4) Worst case scenario if the MTR is also denied what are my options.

Any help is appreciated

Thanks in advance
Just to increase our awareness of the situation; are you in IT? Indian?
Dont know whether that makes a difference but just trying to see whether there is any underlying (hidden) agenda.
Just getting paid lesser for a few months cost you the 140? Hopefully you could chalenge. Did your lawyer suggest going via the AILA liaison to higher levels? sometimes, higher officers (supervisors) can change decesions made by the immigration clerks, if there is enough proof of a mistake being done.
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  #11  
Old 03-17-2009, 02:28 PM
gc28262 gc28262 is offline
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 997
gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of
Default

Quote:
Originally Posted by maine_gc View Post
I applied my I-140 in April 2007 (TSC). I received RFE on ability to pay in August 2008. It is replied in 3 weeks and yesterday my attorney recieved a denial notice. I am in US for 9 years and was in status all this time. My wages on w2 for the last three years are more than what is listed on the labor and still i got the denail. Reason for denail is wages on w2 are not sufficient. My PD is Nov 2004 EB2. Only in 2005 i has less wages on w2 compared to the labor.

My attorney is working on filing an MTR by next week. Can any one tell me

1) How long it will take for the MTR to get approved
2) I am still on H1 and it is valid till Jan 2010. While MTR is pending can i apply for H1b extension.
3) I think i can stay in the country till Jan 2010. Is is right?
4) Worst case scenario if the MTR is also denied what are my options.

Any help is appreciated

Thanks in advance
Answer for 2)
http://www..com/immigration-...-h-1b-extended
You are allowed to obtain H-1B extensions beyond six years if you appealed your I-140 denial.

3)
As per your current H1, you can stay in the country still Jan 2010. If you apply for extension, you can stay beyond that.

Last edited by gc28262; 03-17-2009 at 02:31 PM.
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  #12  
Old 03-17-2009, 02:39 PM
maine_gc maine_gc is offline
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
04/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: May 2006
Posts: 137
maine_gc is just really nice maine_gc is just really nice maine_gc is just really nice maine_gc is just really nice
Default

Quote:
Originally Posted by thomachan72 View Post
Just to increase our awareness of the situation; are you in IT? Indian?
Dont know whether that makes a difference but just trying to see whether there is any underlying (hidden) agenda.
Just getting paid lesser for a few months cost you the 140? Hopefully you could chalenge. Did your lawyer suggest going via the AILA liaison to higher levels? sometimes, higher officers (supervisors) can change decesions made by the immigration clerks, if there is enough proof of a mistake being done.
My attorney is working on filing MTR. According to him he can file by next week.
I am in IT and i am an Indian.
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  #13  
Old 03-17-2009, 02:43 PM
maine_gc maine_gc is offline
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
04/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: May 2006
Posts: 137
maine_gc is just really nice maine_gc is just really nice maine_gc is just really nice maine_gc is just really nice
Default

Quote:
Originally Posted by gc28262 View Post
Answer for 2)
http://www..com/immigration-...-h-1b-extended
You are allowed to obtain H-1B extensions beyond six years if you appealed your I-140 denial.

3)
As per your current H1, you can stay in the country still Jan 2010. If you apply for extension, you can stay beyond that.
Thanks for your answers. Any idea how long it takes for MTR? I am in my 9th year of H1B and based on the response to MTR i have to decide whats next.
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  #14  
Old 03-17-2009, 03:29 PM
maine_gc maine_gc is offline
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
04/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: May 2006
Posts: 137
maine_gc is just really nice maine_gc is just really nice maine_gc is just really nice maine_gc is just really nice
Default

bump
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  #15  
Old 03-17-2009, 03:39 PM
gc28262 gc28262 is offline
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 997
gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of
Default

Quote:
Originally Posted by maine_gc View Post
I applied my I-140 in April 2007 (TSC). I received RFE on ability to pay in August 2008. It is replied in 3 weeks and yesterday my attorney recieved a denial notice. I am in US for 9 years and was in status all this time. My wages on w2 for the last three years are more than what is listed on the labor and still i got the denail. Reason for denail is wages on w2 are not sufficient. My PD is Nov 2004 EB2. Only in 2005 i has less wages on w2 compared to the labor.

My attorney is working on filing an MTR by next week. Can any one tell me

1) How long it will take for the MTR to get approved
2) I am still on H1 and it is valid till Jan 2010. While MTR is pending can i apply for H1b extension.
3) I think i can stay in the country till Jan 2010. Is is right?
4) Worst case scenario if the MTR is also denied what are my options.

Any help is appreciated

Thanks in advance
1)
See the link
http://murthyforum.atinfopop.com/4/O...2&m=8451073961

4)
See the link
http://murthyforum.atinfopop.com/4/O...1&s=1024039761

Last edited by gc28262; 03-17-2009 at 03:42 PM.
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