Sylvia Ottemoeller
06-30-2003, 02:55 PM
"Greg" <gregoryman@attbi.com> wrote in message
news:nYkJa.58991$hz1.135222@sccrnsc01...
I'm Canadian Citizen being sponsored by my employer. In Feb 2003 my papers were denied by INS for the reason of "not enough documents from employer".INS ask to gather more info.
Although you have not given enough details to know, it sounds as if BCIS
sent your employer an RFE (request for evidence) for an I-140
(employment-based immigrant petition). That means your labor cert, if any
was required, was already approved.
My lawyer resubmitted all new, and lots of extra documents regard company status ,all financial data,even proof that currently he pays me twice as much as requested by INS. All documents were sent in the middle of March 2003. My question is : 1)How long does it take to get this work visa.
BCIS would usually have responded to an RFE by now.
When the I-140 is approved, you can file Forms I-485/I-765, and get an
employment authorization document based on that within 90 days.
Actually, you can submit Forms Forms I-485/I-765 any time while the I-140 is
pending, but the problem is that if the I-140 is denied, then all the other
applications are denied.
2) After being denied what are my chances.
Chances for what? An appeal of an I-140 would take a couple of years. In
the meantime, do you hold any kind of nonimmigrant status which can
authorize your work? Can your employer start over again and make a better
case?
ps.I'm here for the last 10 years.Have two houses.Two prosperous businesses.Paying all taxes .Have kids born in US.Not a single single problem with LAW.Minus immigration law. I ask God :How long.He is so quiet lately......
news:nYkJa.58991$hz1.135222@sccrnsc01...
I'm Canadian Citizen being sponsored by my employer. In Feb 2003 my papers were denied by INS for the reason of "not enough documents from employer".INS ask to gather more info.
Although you have not given enough details to know, it sounds as if BCIS
sent your employer an RFE (request for evidence) for an I-140
(employment-based immigrant petition). That means your labor cert, if any
was required, was already approved.
My lawyer resubmitted all new, and lots of extra documents regard company status ,all financial data,even proof that currently he pays me twice as much as requested by INS. All documents were sent in the middle of March 2003. My question is : 1)How long does it take to get this work visa.
BCIS would usually have responded to an RFE by now.
When the I-140 is approved, you can file Forms I-485/I-765, and get an
employment authorization document based on that within 90 days.
Actually, you can submit Forms Forms I-485/I-765 any time while the I-140 is
pending, but the problem is that if the I-140 is denied, then all the other
applications are denied.
2) After being denied what are my chances.
Chances for what? An appeal of an I-140 would take a couple of years. In
the meantime, do you hold any kind of nonimmigrant status which can
authorize your work? Can your employer start over again and make a better
case?
ps.I'm here for the last 10 years.Have two houses.Two prosperous businesses.Paying all taxes .Have kids born in US.Not a single single problem with LAW.Minus immigration law. I ask God :How long.He is so quiet lately......
