I-140 premium denied - Company’s ability to pay

USA PERM
1

Hi Anil,
My I-140 that was applied in premium went to rfe ( education evaluation and company’s ability to pay ).

Employer provided details and now it went to denial.

Denial reason is company’s ability to pay …they are saying the same supporting docs has been attached for other folks petition as well.

Those got approved and mine denied.
They are saying it’s typo from USCIS and that they are gonna refile in premium.

I have only 60 days left on my 6 th year h1b…what do you think is the reason for denial?

2

Hi @techcrat

I have no thoughts on why i140 was denied. The reason would be clearly mentioned by USCIS in their denial letter.

3

The i140 was denied stating - company ability to pay .In that scenario can my employer refile in premium and with the option of marking original perm in previous filed petition ( receipt number of old denied i140 ) .

4

Hi @techcrat

Why do you think that filing i140 again will be approved if the denial reason is “inability to pay”?

What has your employer done to change the situation? Have they addressed the denial reason?

5

They have placed few other documents as the company is huge one .how much time to get receipt numbers and Also will they downgrade to Normal

6

I Mean will uscis downgrade to normal as it’s refiling

7

Hi @techcrat

Was your i140 approved after refiling? Can you share the case status or what exactly did you do to resolve your situation?

There is one guy who has the same situation and would like to know how to proceed.

Thanks in advance for your help.