I NEED HELP! MY I-140 DENIED BECAUSE USCIS SAID THE EMPLOYER DOES NOT HAVE ENOUGH INCOME. MY LABOR WAS FILED ON NOV4,08. SO MY ATTORNEY SAID THE EMPLOYER ONLY NEEDS TO SHOW NOV08 TO DEC 08. SO HE SHOWS ENOUGH INCOME.
PREVAILING WAGE FOR FULL YEAR 2008 $32700
HE SHOWS PROFIT FOR 2008 $9700
BUT THE BIGGER PROBLEM FOR ME IS THE ATTORNEY SAYS THAT THE USCIS IS ISSUING A NOTICE TO APPEAR AFTER THE I-140 IS DENIED. ATTORNEY'S PLEASE COMMENT.
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to ziggybs:
For 2008, what does ur W2 say? Were you paid atleast $32,700 in 2008. W2 is the first baisis to establish A2P. If W2 amount is less then prevailing wags, then your companies iNCOME and then Asets and Liabilities are checked.
The total of W2 amount + Income + (Assets - Liabilities) shud be > Prevailing wages.
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to eadSeeker:
I DID NOT GET W-2 BECAUSE I DON'T HAVE SSN.
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to ziggybs:
DOnt have SSN ? Do u mean u did not have SSN in 2008 or you still dont have SSN ?
So currently are u working or not ?
If its completely future emp, then the companies tax records, Income and Assets - Liabilities should be more than the prevailing wages.
Pls consult a proper Immigration attorney. The i-140 can be approved if proper paper work is submitted , in the appeal.
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to eadSeeker:
I DON'T HAVE SSN BECAUSE I DON'T HAVE ANY STATUS BUT I AM 245 I QUALIFIED. I AM CURRENTLY WORKING BUT I AM BEING PAID CASH.
DO THEY ISSUE A NOTICE TO APPEAR IF I-140 GET'S DENIED.
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to ziggybs:
Oh buddy u have bigger issues. Pls see a Attorney immediately. Working without SSN is not only Immigration issue but more of Criminal Issue.
I suggest see a Immigration Atty immediately and dont waste time on forums.
BTW , the notice to appear is it for a hearing ?
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to ziggybs:
I dont' know how 245 works but sounds like you are already entitled to GC. Maybe filing I140 was not necessary in your case. You mght want tot alk to a lawyer about it. I think you just need to make an appointment to get GC. No need for applying I-140 or I-485. Good luck
245 info found here
http://shusterman.com/245ifrequentlyaskedque...
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to chirovt:
IN ORDER TO GET GC I HAVE TO GO THROUGH THE PROCESS. I TALK TO AT LEAST 10 ATTORNEYS.
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to ziggybs:
Can you please update your profile? You don't have to panic. My case was similiar to yours.
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to adeel78:
how was it similar.
labor filed 11-4-08
I-140 filed 10-20-09
I-140 denied 12-11-09
what is your situation
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to ziggybs:
Under 245i, you must have been in this country since 12-21-2000 and must have applied for labor certification before April 30, 2001.. depending on your country, if you have an approved labor certification, you should have filed for your 485 and 765 so you can get your social security number.... An employer has to prove their ability to pay you since you were not paid by check..... If you are family based..... you may not be eligible to apply for 485 or 765 and working is illegal even though you are required to stay in the U.S. the whole time.
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to ziggybs:
Because you like folks USCIS is doubting the genuine candidates. How dare you to work here without SSN. It is totally illegal. If you work without work visa, you are committing criminal. Period. I wont be surprised to see you deported when you are caught by any immigration folks.
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to WhatsThereInGC:
I GOT COUPLE OF WORDS FOR YOU BUT THIS IS NOT THE PLACE TO SAY IT. YOU DON'T KNOW NOTHING ABOUT MY SITUATION SO GO .......
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to ziggybs:
actually we are not here to judge you..... bt working without SSN is criminal offense not just immigration.......canu pls tell us exactly whats ur issue...may besomeone can give a advice.
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