Guestbook Entry for Erfan Mohammed, United States
Name
Erfan Mohammed
Country
United States
State
Oregon
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I-140 revocation based upon fraud reversed
We were recently retained at the I-140 Appeal stage for an I-140 denied on grounds of fraud/willful misrepresentation. USCIS denied the I-140 citing inconsistencies between the ETA 9089 job requirements, the advertisements, and a subsequent letter sent by petitioner with an RFE pertaining to the job requirements. Due to what USCIS termed as "material inconsistencies," the I-140 was denied on the grounds that the labor certification submitted was gained through fraud or willful misrepresentation of a material fact.
Green Card
How to overcome ability to pay issues
Based on many posts by users of these boards, I’ve decided to write-up a fairly comprehensive posting regarding ability to pay issues and how to overcome RFE’s, Denials and appeals.
Background:
Law governing ability to pay – 8 CFR 204.5(g)(2)