Reasons for I-140 rejection?

Old Jun 9th 2003, 10:39 am
  #1  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: Reasons for I-140 rejection?

Too many to tell, but most are fairly obscure.

BCIS basically looks for evidence that the job is real, that it really
requires the qualifications, that the company is able to pay, that you
have the qualifications, and that there are no Americans for this job.

On Mon, 09 Jun 2003 13:17:44 -0700, Al wrote:

    > Hi,
    > What could be the reasons for an I-140 rejection? Thanks,
    > Al

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (still under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jun 9th 2003, 8:17 pm
  #2  
Al
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Posts: n/a
Default Reasons for I-140 rejection?

Hi,
What could be the reasons for an I-140 rejection?
Thanks,
Al
 
Old Jun 9th 2003, 8:36 pm
  #3  
Etienne
Guest
 
Posts: n/a
Default Re: Reasons for I-140 rejection?

"Al" wrote in message
news:[email protected]...
    > Hi,
    > What could be the reasons for an I-140 rejection?
    > Thanks,
    > Al

Hi Al,

Mine was rejected because of the fiancial situation of the company.

BCIS figured that by the time my permanent resident would be granted, the
company would be out of business, or at least not able to afford my proposed
salary.
They were wrong (still in business and I am working there for quite a while
now), but if I were them, I would make the same conclusion based on the
information provided. I cannot blame them or complain, just bad luck. No
real problem for me anyway, because I also had a I-130 in process.
They actually gave me a lengthy written explanation, supported with facts
and figures and some financial analysis, why they took this decision.
My I-140 was based on intercompany transfer, which requires a lot of
'corporate' paperwork and financial information to be provided. I guess they
had too much information...
I think for 'regular' employment cases chances of this kind or rejection are
slim.

Good luck,

Etienne
 
Old Jun 10th 2003, 11:28 am
  #4  
Al
Guest
 
Posts: n/a
Default Re: Reasons for I-140 rejection?

I forgot to tell you that the friend's LC was approved after 2 years
and now he is concerned about his I-140 which could be rejected. I
suggested him going for the consular processing because he does not
need a EAD card for his partner and with a British passport he does
not need a travel document. The concurrent filing of I-140&485 takes
almost three times longer than the CP.
Al

"Ingo Pakleppa" wrote in message news:...
    > Too many to tell, but most are fairly obscure.
    >
    > BCIS basically looks for evidence that the job is real, that it really
    > requires the qualifications, that the company is able to pay, that you
    > have the qualifications, and that there are no Americans for this job.
    >
    > On Mon, 09 Jun 2003 13:17:44 -0700, Al wrote:
    >
    > > Hi,
    > > What could be the reasons for an I-140 rejection? Thanks,
    > > Al
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please visit my new FAQ at http://www.kkeane.com (still under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Please feel free to enjoy some of my photographs at my new Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jun 11th 2003, 3:57 am
  #5  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: Reasons for I-140 rejection?

What do you mean "with a british passport he does not need a travel
document?" ANYBODY needs an appropriate visa or advance parole!!!!!!!!!!

The only thing British citizens don't need is a visa *if arriving as a
visitor* which he clearly is not.

Of course, with consular processing this may be a moot point because he'll
get the travel document (namely, the immigrant visa) at the consulate.

On Tue, 10 Jun 2003 04:28:16 -0700, Al wrote:

    > I forgot to tell you that the friend's LC was approved after 2 years and
    > now he is concerned about his I-140 which could be rejected. I suggested
    > him going for the consular processing because he does not need a EAD
    > card for his partner and with a British passport he does not need a
    > travel document. The concurrent filing of I-140&485 takes almost three
    > times longer than the CP. Al
    >
    > "Ingo Pakleppa" wrote in message
    > news:...
    >> Too many to tell, but most are fairly obscure.
    >>
    >> BCIS basically looks for evidence that the job is real, that it really
    >> requires the qualifications, that the company is able to pay, that you
    >> have the qualifications, and that there are no Americans for this job.
    >>
    >> On Mon, 09 Jun 2003 13:17:44 -0700, Al wrote:
    >>
    >> > Hi,
    >> > What could be the reasons for an I-140 rejection? Thanks, Al
    >>
    >> --
    >> Remember, I am strictly a layperson without any legal training. I
    >> encourage everybody to seek competent legal counsel rather than relying
    >> on usenet newsgroups.
    >>
    >> Please visit my new FAQ at http://www.kkeane.com (still under
    >> construction)
    >>
    >> My email address in usenet posts is now invalid for spam protection.
    >> See my Web site for information on how to contact me.
    >>
    >> Please feel free to enjoy some of my photographs at my new Web site
    >> http://www.ingopakleppa.com ! Comments are welcome.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (still under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jun 11th 2003, 8:29 pm
  #6  
Al
Guest
 
Posts: n/a
Default Re: Reasons for I-140 rejection?

His L1-B visa is multiple! This would be not the case if he was from
Pakistan. Most people who do the concurrent filing of I-140&485 need
an EAD card for their partner and they want the advance parole to be
able to go out of country. Is that right?
AL

"Ingo Pakleppa" wrote in message news:...
    > What do you mean "with a british passport he does not need a travel
    > document?" ANYBODY needs an appropriate visa or advance parole!!!!!!!!!!
    >
    > The only thing British citizens don't need is a visa *if arriving as a
    > visitor* which he clearly is not.
    >
    > Of course, with consular processing this may be a moot point because he'll
    > get the travel document (namely, the immigrant visa) at the consulate.
    >
    > On Tue, 10 Jun 2003 04:28:16 -0700, Al wrote:
    >
    > > I forgot to tell you that the friend's LC was approved after 2 years and
    > > now he is concerned about his I-140 which could be rejected. I suggested
    > > him going for the consular processing because he does not need a EAD
    > > card for his partner and with a British passport he does not need a
    > > travel document. The concurrent filing of I-140&485 takes almost three
    > > times longer than the CP. Al
    > >
    > > "Ingo Pakleppa" wrote in message
    > > news:...
    > >> Too many to tell, but most are fairly obscure.
    > >>
    > >> BCIS basically looks for evidence that the job is real, that it really
    > >> requires the qualifications, that the company is able to pay, that you
    > >> have the qualifications, and that there are no Americans for this job.
    > >>
    > >> On Mon, 09 Jun 2003 13:17:44 -0700, Al wrote:
    > >>
    > >> > Hi,
    > >> > What could be the reasons for an I-140 rejection? Thanks, Al
    > >>
    > >> --
    > >> Remember, I am strictly a layperson without any legal training. I
    > >> encourage everybody to seek competent legal counsel rather than relying
    > >> on usenet newsgroups.
    > >>
    > >> Please visit my new FAQ at http://www.kkeane.com (still under
    > >> construction)
    > >>
    > >> My email address in usenet posts is now invalid for spam protection.
    > >> See my Web site for information on how to contact me.
    > >>
    > >> Please feel free to enjoy some of my photographs at my new Web site
    > >> http://www.ingopakleppa.com ! Comments are welcome.
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please visit my new FAQ at http://www.kkeane.com (still under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Please feel free to enjoy some of my photographs at my new Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jun 12th 2003, 4:36 am
  #7  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: Reasons for I-140 rejection?

Yes, a valid L-1B visa is suffient as a travel document. I misunderstood
you.

There are many reasons why people go for AOS rather than consular
processing. You name some of them. Others are issues related to the bans
and 245(i), convenience, etc.

On Wed, 11 Jun 2003 13:29:09 -0700, Al wrote:

    > His L1-B visa is multiple! This would be not the case if he was from
    > Pakistan. Most people who do the concurrent filing of I-140&485 need an
    > EAD card for their partner and they want the advance parole to be able
    > to go out of country. Is that right? AL
    >
    > "Ingo Pakleppa" wrote in message
    > news:...
    >> What do you mean "with a british passport he does not need a travel
    >> document?" ANYBODY needs an appropriate visa or advance
    >> parole!!!!!!!!!!
    >>
    >> The only thing British citizens don't need is a visa *if arriving as a
    >> visitor* which he clearly is not.
    >>
    >> Of course, with consular processing this may be a moot point because
    >> he'll get the travel document (namely, the immigrant visa) at the
    >> consulate.
    >>
    >> On Tue, 10 Jun 2003 04:28:16 -0700, Al wrote:
    >>
    >> > I forgot to tell you that the friend's LC was approved after 2 years
    >> > and now he is concerned about his I-140 which could be rejected. I
    >> > suggested him going for the consular processing because he does not
    >> > need a EAD card for his partner and with a British passport he does
    >> > not need a travel document. The concurrent filing of I-140&485 takes
    >> > almost three times longer than the CP. Al
    >> >
    >> > "Ingo Pakleppa" wrote in message
    >> > news:...
    >> >> Too many to tell, but most are fairly obscure.
    >> >>
    >> >> BCIS basically looks for evidence that the job is real, that it
    >> >> really requires the qualifications, that the company is able to pay,
    >> >> that you have the qualifications, and that there are no Americans
    >> >> for this job.
    >> >>
    >> >> On Mon, 09 Jun 2003 13:17:44 -0700, Al wrote:
    >> >>
    >> >> > Hi,
    >> >> > What could be the reasons for an I-140 rejection? Thanks, Al

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (still under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jun 14th 2003, 9:41 pm
  #8  
Al
Guest
 
Posts: n/a
Default What if GC is denied during CP?

What happens if somebody with valid work visa (like H1 or L1) goes
through the consular processing but for some reason his GC is denied.
Does his work visa have to be canceled, too? Can he apply for GC
again? How? Try in another visa class? Please advise!
Al

"Ingo Pakleppa" wrote in message news:...
    > Yes, a valid L-1B visa is suffient as a travel document. I misunderstood
    > you.
    >
    > There are many reasons why people go for AOS rather than consular
    > processing. You name some of them. Others are issues related to the bans
    > and 245(i), convenience, etc.
    >
    > On Wed, 11 Jun 2003 13:29:09 -0700, Al wrote:
    >
    > > His L1-B visa is multiple! This would be not the case if he was from
    > > Pakistan. Most people who do the concurrent filing of I-140&485 need an
    > > EAD card for their partner and they want the advance parole to be able
    > > to go out of country. Is that right? AL
    > >
    > > "Ingo Pakleppa" wrote in message
    > > news:...
    > >> What do you mean "with a british passport he does not need a travel
    > >> document?" ANYBODY needs an appropriate visa or advance
    > >> parole!!!!!!!!!!
    > >>
    > >> The only thing British citizens don't need is a visa *if arriving as a
    > >> visitor* which he clearly is not.
    > >>
    > >> Of course, with consular processing this may be a moot point because
    > >> he'll get the travel document (namely, the immigrant visa) at the
    > >> consulate.
    > >>
    > >> On Tue, 10 Jun 2003 04:28:16 -0700, Al wrote:
    > >>
    > >> > I forgot to tell you that the friend's LC was approved after 2 years
    > >> > and now he is concerned about his I-140 which could be rejected. I
    > >> > suggested him going for the consular processing because he does not
    > >> > need a EAD card for his partner and with a British passport he does
    > >> > not need a travel document. The concurrent filing of I-140&485 takes
    > >> > almost three times longer than the CP. Al
    > >> >
    > >> > "Ingo Pakleppa" wrote in message
    > >> > news:...
    > >> >> Too many to tell, but most are fairly obscure.
    > >> >>
    > >> >> BCIS basically looks for evidence that the job is real, that it
    > >> >> really requires the qualifications, that the company is able to pay,
    > >> >> that you have the qualifications, and that there are no Americans
    > >> >> for this job.
    > >> >>
    > >> >> On Mon, 09 Jun 2003 13:17:44 -0700, Al wrote:
    > >> >>
    > >> >> > Hi,
    > >> >> > What could be the reasons for an I-140 rejection? Thanks, Al
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please visit my new FAQ at http://www.kkeane.com (still under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Please feel free to enjoy some of my photographs at my new Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jun 14th 2003, 11:28 pm
  #9  
Joachim Feise
Guest
 
Posts: n/a
Default Re: What if GC is denied during CP?

Al wrote:
    > What happens if somebody with valid work visa (like H1 or L1) goes
    > through the consular processing but for some reason his GC is denied.

What would the reasons be? There are only very limited grounds for
IV denial. Fraud and medical reasons are all I know. Consular officers
do not have the discretionary powers to deny IV applications except
for these reasons.
All these reasons would also result in a denial if the person had
done AOS. And, since these things would be very serious, the person
would most likely not be allowed back.
Another possible reason for denial would be missing documents. In that
case, the consulate would issue a visa that allows the person to get
the missing documents.

For a great overview of the pros and cons of AOS and CP, see
http://imminfo.com/Knowledgebase/Immigrants/AOS.html
http://imminfo.com/Knowledgebase/Immigrants/CP.html

-Joe
 

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