RFE on i-140 and then Denied


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Hi all,

Please suggest what I need to do in my situation.

I work at a very small IT company, only 10 employees.

I recently premium processed my I140, I got a RFE based on the company's financial situation. They supplied all the necessary documents. My I140 was denied after just 2 days. I know I have the option of appealing. But is it even worth the time and money? They must have already made a final decision on it. I heard small companies are not taken very seriously by the USCIS. Is that true?

What are my options? Do I need to move to another company and start from labor again? Please advise. Thanks.

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"My company is in loss since 2009. Not sure if that played a role in the USCIS's decision."

Pretty sure it did. If the company is losing money, it needs to show that it has substantial assets that can be used to pay salary until it is profitable. Or maybe you should wait until it is profitable.

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Originally posted by greenman2:

Thanks Belle.

Not sure when they will start making a profit although I am always busy.

what does the above statement mean, anyways your best bet is to move out and file labor soon with a better company . there is no doubt that uscis is scrutinizing small companies more than ever especially due to all the h1b and payroll violations they have been doing. probably you can retain your original labor PD but check with lawyer.

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Hi Belle

I have I485 pending under EB3 ( priority date April 2007). Recently we reapplied for labor under EB2 and got approved a month back. However we met a road block. our company being a start up company we are still spending ( Company report suggests an annual income of negative * million dollars). My lawyer has not filed I-140 asking for a document that shows the ability of the company to pay. My parent company ( who funded us through last year) hesitating to give a document of thier corporate tax ( a big company with lots of employess and lots of income). Lawyer is preparing some other document , not sure what. I am not sure whether we will have a problem in approval for I-140 eventhough we have funding for another six months or so from venture capitalists.

any advise is appreciated



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Having a large company with lots of profit for a parent company is definitely a plus, however, it does not mean your employer would not be shut down if it does not start making money. Ultimately, there is not much YOU can do about it - the petition is filed by the company, thus, the company is responsible for it.

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First - consult your lawyer.

I work for a small company, a R&D firm with no profit or loss. I also got an RFE. I submitted all my pay stubs for the last 3 yrs,W-2 and tax returns from last 3 yrs and tax returns from your company for the past 2 yrs. if these docs can prove your employers ability to pay you then you shouldn't have any problem. my i-140 got approved in 3 or 4 days.

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