I140 Denied ---URGENT!!! PLEASE HELP !!!!

[Vingreen2005]

Please Help ..Appreciate your inputs ...Thanks for your time in advance ...
I140 Denied ---URGENT!!! PLEASE HELP !!!!

Hello Memebers..Need your help....

I 140 filed on 12/30/2004 based on preapproved substitute labor ( priority date .Feb 12 2003 ) ...Got Denied on 03/12/05 reasons--1) Ability to pay and 2) Education evaluation.. The USCIS denial letter does not mention anything about 485 ..It says you can appeal the decision to Administrative Appeals Unit(AAU) at DC.. My 6 yrs on H1 expiring on AUg 05 ..Have 4 months in hand ..

1)Can I file a) Motion to reopen or b) Motion to reconsider ..what is the diff between two ? Can I file a) or b) when USCISA mentions to appeal the decison to AAU?

2) Can I file for 7th yr H1 extension when the I140 is refiled for Motion to reopen or for appeal at Admin appeal unit ? how can I extend my stay legally ?

3)Can I apply for new I140/485 using the same approved labor(Substitue) when I have applied for A Motion to reopen or Appeal at AAU for I140 using the same labor

4) Can I Apply for new I140/485 using the same approved labor if my Motion to Reopen or Appeal at AAU gets denied ..

5)MY6 yrs on H1 would be over in next four months Can I file new Labor at all?If yes how it will benefit me ?

6) I was out of india for 8 months ( 6 months family immergency ...and 2 months vacations) Can I use that How can it help me ..

7)I am recently married and planning to get my wife here on H4 in next two months .....IF she gets an H1 ..can I be on H4 after expiring of my 6 yrs on H1?

[gd_by2001]

Your situation were very complicate and I saw yourself had a lot of issues:

1) Ability to pay :
You did no get pay at work??. Or amount was less than the amount as you mention in your substitute LC when you filed your I-140 and I-485. If you did, you were not supposed to file I-140 and I-485. Because you cheat!!

2) Education evaluation:
If you did not have same level of degree as it stated in substitution LC. That LC was not supposed to be used by you. And you should need to file a new LC at beginning.

If you filed I-140 and I-485 concurrently. If your I-140 was denied, of course your I-485 would be denied.

(Note: This is not a legal advise and use at your own risk)

[Vingreen2005]

I140 denied --Urgent

HI gd_by2001

Ability to pay:
It's on company.USCIS wants to make sure company can support the pay..I got paid in 2003

Educational Evaluation :
I have bachelors degree in engineering in India..Labor stated 4 years equivalent degree ..I have the evaluation to prove the same..Unfortunately it was not sent by the lawyer.so the denial

Thanks for your inputs anyway

[Vingreen2005]

I140 denied --Urgent

HI gd_by2001

Ability to pay:
It's on company.USCIS wants to make sure company can support the pay..I got paid in 2003

Educational Evaluation :
I have bachelors degree in engineering in India..Labor stated 4 years equivalent degree ..I have the evaluation to prove the same..Unfortunately it was not sent by the lawyer.so the denial

Thanks for your valuable inputs anyway

[gd_by2001]

Question for you:

For your side:

Did you think you could fit your substitution LC at the time you file I-140 petition?

What category did you file INS for employment base I-140 petition? (EB3 or EB2) At which service center?

How was the salary in substitution LC mention? How much? And how much did you get pay from your employer at the time when you filed your I-140? (You salary should be equal to or above from substitute LC, And no any pay cut please!)

What was the level of educational in your substitution LC mention? (The candidate for this job should had master degree or above??) And what did you have in your educational degree at the time when you filed your I-140? (No any working experience equivalence please!)

Any years of work experiences or any special skill set that were mention in substitution LC? Did you have those years of work experience and special skill set sat the time when you file your I-140 petition?

Any title and work duties as mention in substitute LC? What was your title and what were your duties? Any difference between substitute LC and your site at time you filed you I-140?

Why you did not want to send you educational evaluation by your lawyer (Who got I-140 RFE letter from INS) while you want to send these documents separately by yourself? Did you think that was right?

For your employer site:

Did your salary meet the minimum salary in State Level and Federal Level in your area?

How was the size of your company? Was your company a profitable company? Or it a just a negative profitable company? (A company without any profits or looses the money)

(Note: This is not legal advice and uses it at your own risk!)