I have sad thing to report. My I-140 was denied because of employers ability to pay. I do not know what to do? Is there any hope if I file an appeal? I never got a reply here at least for this please reply somebody. I think I wasted my time and my age here. Thanks
Therez

sorry to hear that therez.i would suggest that you seek an advise from an immigration lawyer on how you will resolve this problem ASAP. Don't lose hope, this is not for you...because there is one that's a lot better for you; HE had it all planned just waiting for the right time. Take it easy and God bless.

Dear Al-

Will they deport me if I stay here. My biggest concern is my son is going to school now. What will happen if we stay? any suggestions. I got in mail I-485 denial too. Thanks

Therez,

Do not seek any advice from those idiots on this forum.

Yes INS will pick up you or will send you a letter for an appointment before an immigration judge to begin deportation proceedings.

It makes sense to appal only if the was a mistake on INS side on procedural grounds.

Otherwise you have to submit one of the following:

- W2/1099 showing that you were paid the prevailing wage;
- company tax returns showing net gross income at least the prevailing wage.

This is idiotism of USA that your green card does not depend on you but on your employer.

Maria is right ...
I come close but not exactly to the prevailing wage but they approved mine, i think on the basis of my employer's net was enough to support. And to be honest, he did more than i deserved.
If you can have your employer to go all the way with you, and if he has some kahunas, i think you have pretty good chance ...
get an attorney, if you already don 't have.

Thank you for your advice. I submitted all the documents like 2001, 2002, 2003 tax returns. In that income was less and the proferred wage was not met. I hired a new lawyer, even though he charges me too much, I do not mind to pay him, if I go through. He told me to get lot of company documents and start fighting. I pray too much, and cross my fingers. Now I cannot sleep and eat nothing at all. Any of you know what I am going through. It is worse than hell. I am working with a newspaper office. 2001 and 2002 business was bad also because of 911 tragedy. Pls send any more advise you have. Thanks


Therez

Your tax returns do not matter ... they are just to show that you paid the taxes ... get your company 's paperwork (to show its net) just to prove that the company is capable to pay prevailing wage.

And yes, never stop praying ... God sees and listens.

Suppose the company paid the prevailing wage but the total company assets are just $1000. Will the I-140 for such company have a chance to be approved?

Does a dismissed appeal get sent back to INS or only remanded one?

Dear Friends,

I mean not my personal tax papers of 2001,02,03. Company tax papers. From that they said company does not have enough money to pay me. Actually I started working with this office from beginning of this year only '04. So my (new) attorney sent paper to MTR with my pay stubs of this year and company was paying for somebody else who work for the same job same amount as mine in the previous years. This is not one person, two, three people on part time basis. Those amount they can pay me and paying me from this year. Will these evidences help me. I cross my fingers to get my papers and I pray. Anyone have any idea on these. Anybody on the same boat? I am very much scared of the incidents I hear from outside about being illegal. Pls reply.

Therez

When was your process started?
If this year you should have waited till January '05.
If yearlier than your employer should have paid you at least the prevailing wage for all of the years you were being sponsored or it should have shown a net gross income greater than the prevailing wage on the company tax returns.

Your attorney made a mistake by filing for I-140 in the middle of the year thus your pay stubs showing the total amount paid in this year less than the prevailing wage.

Again those immigration attorneys idiots do not take care about your case and made mistakes - they do care only about the attorney fees they collect anyway even if your case was denied because their mistake.

File for a labor certification again in 2005. With perm you will get your LC in a couple of weeks.

Again either your company has to pay you at least the prevailing wage or the company has to show the net gross income after deduction at least the prevailing wage.

Maria.

Thank you for your reply. My labour was approved in Nov 2003. I started working with the company 2004 January. I sent the prevailing pay stubs with the request to MTR. Can I get a fair reply from the authorities? It is true that I am gettting the prevailing salary. As you said the attorney was so Idiot and he could tell me the problem in the tax paper. But this happened. I would be able to give them my W2 in the year end. Thanks
Therez.

It does not matter when your labor certification was approved but when it was filed.

You were supposed to work for your company since January 1st of the year they filed for a green card or they were supposed to show enough net gross income on tax returns for all of the years since the beginning of your process.

Now the best choice for you is to file for a brand new green card again and continue to work for your company as long they sponsor you and make sure they will pay you the prevailing wage what the promised on the LC.

Any appeal it is waste of time for you.