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Results 1 to 5 of 5

Thread: I140 Denial Advice

  1. #1
    I am looking for an attorney or ex-employee/processor of an Immigration Service Centre to review my I140 denial decision for an hourly rate or fixed fee and determine if there is any merit in appealing. I am also very interested in any feedback or advice that members of this forum may have to offer.

    The denial relates to items requested in an RFE and is therefore just a few pages. I would provide all paperwork necessary in PDF format for review.

    Time is of the essence as my current visa expires in 30 days.

    I am also interested in the general consensus of the members here as to whether appeals are generally worthwhile. I fully understand that each case is judged on its own merit, but are appeals successful in 1% of cases or 50% of cases?

    I am a UK citizen that has been in the US for the past 3 years on an L1 visa. In January of 2009 I filed an I140 which was denied on 26th May.

    A request for further evidence was received on 18th March which was two pages long and requested the following:

    Submit documentary evidence to establish the qualifying corporate interrelationship between the United States business entity and the foreign business entity that employs the alien.
    Please submit a definitive statement from the US Company describing the proposed job duties of the beneficiary at the petitioner, including:

    a) Position Title
    b) List all Duties
    c) Percentage of time spent on each duty
    d) Number of subordinate managers/supervisors or other employees who report directly to the beneficiary and;
    e) A brief description of their job titles, duties and education level. If the beneficiary does not supervise other employees, specify what essential job function the organization he/she manages.

    I responded with a seven page reply which was received at the Texas Service Centre on 15th April.

    The denial letter states that “On review, the petitioner has provided a vague and nonspecific description of the beneficiary’s duties that fails to demonstrate what the beneficiary does on a day-to-day basis. By using general terms the petitioner is merely paraphrasing the USCIS definition of executive capacity.”

    “The petitioner’s claim to qualify as an executive manager is primarily based on a set of broad job responsibilities, which suggest a general sense of the beneficiary’s heightened degree of discretionary authority but which fail to convey an understanding of what the beneficiary would actually be doing on a daily basis.”

    “The evidence submitted describing the duties of each employee raises additional questions. It is not defined who is performing many of the duties necessary for a successful business. The areas of finance and payroll, sales, human resources and advertising among others were not directly addressed.”

  2. #2
    I am looking for an attorney or ex-employee/processor of an Immigration Service Centre to review my I140 denial decision for an hourly rate or fixed fee and determine if there is any merit in appealing. I am also very interested in any feedback or advice that members of this forum may have to offer.

    The denial relates to items requested in an RFE and is therefore just a few pages. I would provide all paperwork necessary in PDF format for review.

    Time is of the essence as my current visa expires in 30 days.

    I am also interested in the general consensus of the members here as to whether appeals are generally worthwhile. I fully understand that each case is judged on its own merit, but are appeals successful in 1% of cases or 50% of cases?

    I am a UK citizen that has been in the US for the past 3 years on an L1 visa. In January of 2009 I filed an I140 which was denied on 26th May.

    A request for further evidence was received on 18th March which was two pages long and requested the following:

    Submit documentary evidence to establish the qualifying corporate interrelationship between the United States business entity and the foreign business entity that employs the alien.
    Please submit a definitive statement from the US Company describing the proposed job duties of the beneficiary at the petitioner, including:

    a) Position Title
    b) List all Duties
    c) Percentage of time spent on each duty
    d) Number of subordinate managers/supervisors or other employees who report directly to the beneficiary and;
    e) A brief description of their job titles, duties and education level. If the beneficiary does not supervise other employees, specify what essential job function the organization he/she manages.

    I responded with a seven page reply which was received at the Texas Service Centre on 15th April.

    The denial letter states that “On review, the petitioner has provided a vague and nonspecific description of the beneficiary’s duties that fails to demonstrate what the beneficiary does on a day-to-day basis. By using general terms the petitioner is merely paraphrasing the USCIS definition of executive capacity.”

    “The petitioner’s claim to qualify as an executive manager is primarily based on a set of broad job responsibilities, which suggest a general sense of the beneficiary’s heightened degree of discretionary authority but which fail to convey an understanding of what the beneficiary would actually be doing on a daily basis.”

    “The evidence submitted describing the duties of each employee raises additional questions. It is not defined who is performing many of the duties necessary for a successful business. The areas of finance and payroll, sales, human resources and advertising among others were not directly addressed.”

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">The denial letter states that “On review, the petitioner has provided a vague and nonspecific description of the beneficiary’s duties that fails to demonstrate what the beneficiary does on a day-to-day basis. By using general terms the petitioner is merely paraphrasing the USCIS definition of executive capacity.”

    “The petitioner’s claim to qualify as an executive manager is primarily based on a set of broad job responsibilities, which suggest a general sense of the beneficiary’s heightened degree of discretionary authority but which fail to convey an understanding of what the beneficiary would actually be doing on a daily basis.” </div></BLOCKQUOTE>

    How was the rfe handled? Was the response to the rfe submitted with more specific detail and more documented evidence that supports the employment?


    Basically they are saying mumble jumble b.s. is not cutting it. Someone is actually doing their job for a change.

    Why did you not consult an attorney before YOU answered the rfe with a 7 page letter that was stll not specific of duties etc.? This would have been the best damage control.

    In anyways, click on find a lawyer on the left and choose someone in your state. Make sure.. I reapeat make sure the attorney you choose has experience in immigration employment based cases and specifically routinely handles such cases.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> How was the rfe handled? Was the response to the rfe submitted with more specific detail and more documented evidence that supports the employment?
    </div></BLOCKQUOTE>
    The response was basically a two page letter from myself as Chairman of the Petitioning Company listing my duties with the advice of an individual that had previously worked on the preparation of my file. If you would like me to email or PM you with a copy of the response I will be more than happy to do so as all and any advice is much appreciated. At the time of the application we had 6 employees in the US and in any small business the Chairman always ends up performing a broad range of duties and I listed a long but not exhaustive list of what I do, highlighting those tasks which were Executive or Managerial at the suggestion of my adviser. I suspect that I gave too much information and should simply of limited the scope of my work to purely the Executive functions.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> Basically they are saying mumble jumble b.s. is not cutting it. Someone is actually doing their job for a change. </div></BLOCKQUOTE>

    Agreed.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> Why did you not consult an attorney before YOU answered the rfe with a 7 page letter that was stll not specific of duties etc.? This would have been the best damage control.
    </div></BLOCKQUOTE>

    It emerged that my attorney of record was linked to an individual that has embezzled over $3M of E and EB-5 investors’ money as well as the $12K fee that I had paid for their services in filing my I140 and I485’s. As a result, past employees of the company have been kindly doing their best to help as we felt that a change of attorney may have been detrimental to the case as well as costly. I guess that hindsight is a wonderful thing.

    I any event, it's time to deal with this properly now and I am seeking any advise that you care to give.

    Thanks

    Steve

  5. #5
    Best bet is to ignore it and wait for the amnesty.

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