Legal Question in Immigration Law in California
Federal lawsuit for I 140 denial
My company has paid me 66000+ last year and my Labor Cert of priority date 05/2005 had a proferred wage of 68,000.California service center sent an RFE for my I 140 asking for tax returns from 2000 onwards and CA DE-6 forms. My lawyer sent the DE-6 but whited out names and SSN of other employees.He also claimed in his reply CSC can't ask for DE-6 as they are a state form.Also he didn't sent tax return from 2000 claiming the ability to pay needs to be proved from priority date. Company is in good financial state and it paying me almost the salary in labor cert. My W2 and paystubs show my wages but taxable income on company tax returns is low. CSC denied my application saying the tax returns of 2004 have low taxable income, my W2 contradicts the wages paid line on tax returns and that we stopped the line of inquiry by whiting out the names and SSNs on DE-6 forms. Sending IRS certified W2s and 941s and a statement from a CPA with the appeal had no affect on CSC and my appeal has gone to AAO. How much and how long would it take to file a federal lawsuit if I want too. I feel my denial is simply bogus.
3 Answers from Attorneys
Re: Federal lawsuit for I 140 denial
The sponsor must pay, at a minimum, the prevailing wage determined by the DOL. However, this determination only takes effect after the Labor Certification and the I-140/I-485 packages are approved and the Alien begins to work for the sponsor. Your case should not have gotten to this point. There are some issues of unethical behavior that make your case more difficult at this point. Also, what type of work visa do you currently have?
For more information and a quotation for our services to contest the AAO decision, please contact our offices.
Ricardo Vidal, Esq.
Re: Federal lawsuit for I 140 denial
Why don't you ask your current attorney this same question???? Or is he unable to bring a federal lawsuit because he's unfamiliar with them? Most immigration lawyers don't do that type of litigation. However, if such a lawsuit is filed, it's usually quite effective and fast to get the government agency in question to move.
Larry Liem Doan, Esq.
Re: Federal lawsuit for I 140 denial
This kind of litigation are not that common but produces result faster than an administrative appeal. You need to file with the federal district court a petition for hearing and serve the agency. Then you get a hearing date depending on the court calendar. It can take anywhere between 4 to 6 months.
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