Advice needed for AILA Case on I-140

[arun_2681]

Hi,

My I-140 for EB2 Substitution Labor (PD Oct. 2002) got rejected in July 2008 because the original labor certification was not attached to I-140 documentation. However, the Company Lawyer said it was a wrong rejection because the original labor was submitted to DOL for another candidate and remained unused. My Lawyer said we could not file an appeal but we can file a case with AILA which he did in August 2008, but since then there has been no word from USCIS or any update to the case in USCIS system. My I-485 however shows still as Pending since August 2008.

Some one suggested that I should approach a congressman to try and expedite the case.

I would appreciate any comments/suggestions on this issue.

Thanks in advance,

VR.

 

[kapsy30]

Please be clear, Are youtrying to get priority date based on the Old labor, Have you applied I140 based on that labor??
You can retain PD pnly if you have approved I140 based on that labor.

 

[arun_2681]

Hi Kapsy30,

That was my first and the only I-140 with a substituted labor that had a PD of Oct. 2002 filed in July 2007 when labor substitution was allowed. There were some RFEs on Education, Ability to Pay, etc. which were answered satisfactorily. After that, they rejected it because only a copy of labor was attached to I-140 documentation while original labor was lying with DOL yet to be returned to the company. AILA has submitted a case request to USCIS to get the original labor from DOL but so far there is no response from USCIS or any update to I-140.

Thanks,
VR