RFE on new I140

[kapsy30]

Here is my situation:


Company A filed I140 in early 2007 (Labor PD 11/2002) got denied a2p in April 2008, Copmay file MTR/Appeal --> Which is still pending

Switched to Company B(H1 transfer) in Nov 2008 who already filed I140 in Nov 2007. Upgraded to premium last week, today recived RFE for new company b a2p (document), and employment letttet to confirm that they will employ me and/or still employed witht them.

These are not issues as my company will be able toprovide these documents as its a decent size cpmpany more than 150+ people with good finanacials.

In the RFE USCIS has mentioned about the MTR/Appeal by Company A:

Here it is:

The above petition was filed on XX/XX/2007 by Company B on behalf of beneficiary, XYZ. This petition is still pending with USCIS. Another petition was also filed for the same beneficiary on XX/YY/2007 with receipt no. XXXXX
filed by company A and was subsequently denied on XX/yy/2008. Om YY/ZZ, 2008 Company A filed a MTR receipt number XXXX and an appeal receipt no yyyy for the denied petition. Both the Appeal and MTR are still pending with USCIS. Please indicate if you wish to withdraw the MTR and the appeal for file XXXXXX.


Can sonebody advice whats going on ?? Petition from company A has PD of
EB2/Nov 2002, with Company B PD is EB2/June 2007 ??

Has somebody been in this situation??
Do you think company A should withdraw the appeal??
Why USCIS is asking Company B lawyer to withdraw Companies A appeal?? How this lawyer can do it ???

Any advice ??
Thanks

[whitemimauz3]

Labor certification/I-140 and subsequent appeal/MTR is employer specific. I dont understand how can USCIS asks employer B to withdraw appeal filed on behalf of beneficiary through employer A, technically i dont even think employer B is even qualified to send in request for withdrawal, because I-140 or filed appeal does not belongs to them. Double check whether you are eligible to file new I-140 while an appeal is pending through a previously denied I-140. Before responding to rfe, you or your attorney should refer to cfr's or memos regarding proper procedure for appeals. It could be one of two things, either USCIS is fully aware of any such clause wherein you cannot file new I-140 if an appeal is pending for previously denied I-140 OR this rfe is in error

[kapsy30]

This morning recieved email about my I140 approval.
Glad to be relieved little bit although new wait start..
I did ask my old employer to withdraw the appeal and USCIS acknoledge that before approving my I140.

[Abhinav4]

Congratulations! Kapsy

To day i got the A2P RFE on my long time pending I-140 case.
I'm still working with this Compay.

They asked Comp. Tax docs from 2003 to 2008 and my W2s.

This morning recieved email about my I140 approval.
Glad to be relieved little bit although new wait start..
I did ask my old employer to withdraw the appeal and USCIS acknoledge that before approving my I140.

[kapsy30]

Thanks abhinav,
Good luck on your case.

[djbhai]

People often ask me how long they'll have to wait on their green card ..... Glad an effort on this front is already moving. ..... My little blog post from last Friday seems to have legs. ... although he did not specify exactly what he had done. ...... USCIS ANNOUNCES MODEST EXPANSION OF I-140 PREMIUM PROCESSING