Legal Question in Immigration Law in California

I-140 denied based on Ability to Pay

Hi,

Mine was a substitute labour and got EAD and Advance Parole for me, wife and kid. Recently my I-140 got denied after RFE on Ability to Pay. Financial wise my company is in good shape as other 140's approved from my company.

What are the chances of getting approval if we file Motion to Reconsider/Reopen (MTR)? I am planning on filing MTR and would need an experienced attorney who handles similar kind of cases.

Thanks

tony


Asked on 2/18/08, 7:14 pm

3 Answers from Attorneys

Janet Greathouse Greathouse Law Firm

Re: I-140 denied based on Ability to Pay

The chance of success depends not only on what financial information the company can now supply but also on what was already submitted.

Presumably, if the company responded to the RFE, it submitted financial records. If there are numerous inconsistencies between what is already in the record and what can now be presented, you would need to clarify these issues in a satisfactory manner. If that can be accomplished, certainly you would have a chance at a favorable decision.

If you would like to schedule a free consultation, please contact me.

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Answered on 2/19/08, 3:01 am
Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: I-140 denied based on Ability to Pay

If it is possible to prove that the company has had the ability to pay the proffered wage as of the date of the priority date and continue to have the ability to pay, then you would have a good chance to successfully file a motion to reopen/reconsider.

Regards,

Ricardo Vidal, Esq.

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Answered on 2/19/08, 12:40 am
Amy Ghosh Law Offices of Amy Ghosh

Re: I-140 denied based on Ability to Pay

I can help you with that. If you can document all the financial asset of the company including the personal asset of the owner if it is a small company..chances are very high. I have won cases like this in the past. feel free to contact me.

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Answered on 2/19/08, 12:41 am


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