I-140 Denied/Spplemental Filing


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Hi All,

My approved I-140 was denied later as USCIS had issued a RFE regarding proffered wage which the empoloyer had failed to respond to.

The employer did not get any Intent to Deny notice on the I-140 and has filed for a motion to reopen the I-140, which is pending.

In the meantime we found out that the reason for I-140 denial was the failure to provide additional evidence on the proffered wage. My attorney has advised a supplemental filing to USCIS to resolve that issue.

Does anyone has done this? What exactly is a supplemental filing and what are the chances and success (given that employer provides wage eveidence) and USCIS decision time on this kind of supplemental filing.

Please share your experiences.

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It is unclear from your message what happened to your case other than that an RFE was issued and it was not responded to. If the USCIS issues an RFE which is not responded to, they can deny the petition without issuing a Notice of Intent to Deny. Hopefully the Motion to Reopen explains the failure of the response to the RFE on the proffered wage. I am not sure what this supplemental filing is - was it part of the Motion?

To get accurate facts of your case and to answer your questions specifically, I recommend that you contact a knowledgeable immigration attorney in regard to your case.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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