140 BTF

[hdpthp]

Two Questions on I140

9th March 2012 is PD determined. I got I140 Notice of Intent to Deny.

Reason : Ability to pay.

Fact :From Jan 2012 till as of June 2012 my company paid me 6000 K per month which is above 70K proferred wage in PERM.

Last year 2011 financials were submitted as this year is not over.

Last years I worked only 9 months and paid 46660 as h1b LCA is for 62500 per year.

My company has around 3K in profit and has net asset 6K.

To my 1st question is

1. Why officer is checking last years ability to pay when PD is from March 9th this year. Is it correct? This year I am good.

2. IF my I140 is rejected, can I apply after 1-2 years? I was told two contrary views.

Some says I cannot. I have to apply within 180 of PERM certified or as the date appear in the PERM

Some says I can technically any time as I have applied once.

Please reply, so that I can sleep tight.

Thanks

[SameerH1Bworker]

whatever it is, if I-140 rejected then you'll not retain PD. You need to start everything again from scratch & will get new PD.