I-140 denied - Premium processing- Need advise!! please

[srichaks]

Hi All,

I had applied for I-140 under premium processing and had my EAD cards also approved and sent. I-485 is still pending. However, I-140 got denied after an RFE was issued where they requested company to provide ability to pay- including 2010 tax statements. Company sent all documents for RFE with exception of actual 2010 return because company had taken an tax filing extension.USCIS denied RFE/ I-140 and sent notice saying that they want to see the actual 2010 tax return. Company has now got the actual 2010 tax return that they want to refile for I-140.

As such this was not expected since company had good USCIS standing and good financial record.

However, company is saying they can only do normal I-140 filing without premium processing.

Question is: Can we re-file I-140 again under premium processing? Is there anything that says I cannot do premium processing again.

What are current processing timelines otherwise without premium for I-140. Attorney says it may take 1-3 months under normal process for me to get I-140 approval.

I have previous approved PD and my PD is current under EB-2 category.

Really appreciate any advise on this.

Thanks in advance again.

SC

[subramin]

You better appeal the decision, If you apply for new 140 its very likely you get the same result.

Appeal with more proof, should get through.

Good Luck.

--

[Guru-Dev]

I personally know a person whose 140 got denied first time and he did go for premium processes on his second 140 and got it approved within 15 days.

Many people including some attorneys told him it’s not possible. But his attorney managed it to do it.

I have no idea how it’s done, but just wanted to let you know that it’s possible to do the second 140 in premium after the first 140 was denied.

Originally posted by srichaks:

Hi All,

I had applied for I-140 under premium processing and had my EAD cards also approved and sent. I-485 is still pending. However, I-140 got denied after an RFE was issued where they requested company to provide ability to pay- including 2010 tax statements. Company sent all documents for RFE with exception of actual 2010 return because company had taken an tax filing extension.USCIS denied RFE/ I-140 and sent notice saying that they want to see the actual 2010 tax return. Company has now got the actual 2010 tax return that they want to refile for I-140.

As such this was not expected since company had good USCIS standing and good financial record.

However, company is saying they can only do normal I-140 filing without premium processing.

Question is: Can we re-file I-140 again under premium processing? Is there anything that says I cannot do premium processing again.

What are current processing timelines otherwise without premium for I-140. Attorney says it may take 1-3 months under normal process for me to get I-140 approval.

I have previous approved PD and my PD is current under EB-2 category.

Really appreciate any advise on this.

Thanks in advance again.

SC

[mittal_ravi]

Guru_Dev,

can you give more details about your friend's case. I have the same case.

Your information can help a great deal.

[Concord]

I personally know a person whose 140 got denied first time and he did go for premium processes on his second 140 and got it approved within 15 days.

Many people including some attorneys told him it’s not possible. But his attorney managed it to do it.

I have no idea how it’s done, but just wanted to let you know that it’s possible to do the second 140 in premium after the first 140 was denied.

 

Guru-Dev, will you be able to provide contact details of this lawyer who managed to do PP for refiled I-140.  My attorney has submitted the PP request for my case 2 times and it has been rejected and sent back. I would appreciate if I can get some advise on doing PP.