140 RFE - Can I hope on approval??

[wtg4gc]

Hi Friends,

My GC journey suddenly had a halt with the following 140 RFE.

I have applied my GC based on Labor Substitution (VSC/EB3/485/140/EAD/AP) in Nov 2004. The labor belongs to an old employee who left the company using AC21 portability after his 140 approval. As soon as he left out, my company said to me that they filed cancellation of his 140 and told me that they would use the same labor for my process.

When I was applying my GC, we were not aware of that his 485 is approved. My GC was filed just before 3 weeks of his 485 approval. Now, USCIS sends RFE saying that 485 has been approved for the original applicant.

I want to know what is the USCIS Policy on approving substitution cases where 140 has been cancelled but 485 is approved based on AC21 for the original applicant.

Here is the chronology
Apr 2004 - his 140 is approved later he left the company and immediately 140 cancellation was applied.
Oct 2004 - his 485 is approved.
Nov 2004 - my case is filed.
June 2004 - Received RFE.

Please advise me.. what to do now?

Thanks in Advance
wtg4gc

 

[myitneeds]

If Old I-140 is cancelled and you new I-140 is field -before I-485 is Approved , you are safe.....

this is to my knowledge, take your attorney opinion...

 

[wtg4gc]

myitneeds,

My 140&485 is applied after the original applicants 485 approval based on AC21. The time line is very close, they approved his 485 in oct 2004 and my case is filed in Nov2004. Did u see any such case approved before?

Thanks
wtg4gc

 

[tammy2]

myitneeds,

My 140&485 is applied after the original applicants 485 approval based on AC21. The time line is very close, they approved his 485 in oct 2004 and my case is filed in Nov2004. Did u see any such case approved before?

Thanks
wtg4gc

What is the text of RFE?

 

[ChinnaKmm]

Find out with a good attorney whether they can help (Call Sheela Murthy and Rajiv Khanna). There is no such law yet it will help you, but there the attornies I spoke in similar situations says "Can be argued on this case", based on that, the initial person left the company before his I485 approval. In your case, if the person left the company before his 485 approval then same LC can be used for your case. There will be 50-50% chances.

Talk to good attornies with facts in front of you they will help you, I think.

Please post here if you have any information on your case which might help some one like us..

 

[wtg4gc]

Hi ChinnaKmm

I'm trying to get the exact text of the RFE issued. I think that will help us in understanding the RFE more clearly.

I know that the original applicant left that company before his 485 approval and immediately company filed 140 cancellation. Do you think is there any small hope for argument that the LC can still be used for substitution?

-Thanks
wtg4gc