RFE on new I140
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 ??
Last edited by kapsy30; 23rd July 2009 at 03:29 PM.
LC: RIR (PD 12/2002) AD:08/2004: EB3
I140: RD/ND: 12/11/2004 AD: ???
I290B: LUD:07/22/07, 08/23/07, 08/24/07
Self I485: RD/ND: 12/11/2004 AD: ???
Wife's I485: RD/ND: 12/11/2004 AD: ???
New I140(Same Labor) (02/26/2007)
Denied in Feb 2008..
Case 2 : Perm Labor approved June 2007
I140 filed in EB2 RD NOv 2007
Upgraded to PP July 20,2009
RFE recievd A2P July23rd 2009, RFE replied July 27 2009, Approved 08/07/2009,