Different Scenario with My case:
1) Labor 1 Filed in Dec 2002 (Masters or Bachelors + 5 years progressive) approved in 2004. Lawyer filed I140 (EB3 ... sayin its better to file in Eb3).
Anyways Lawyers was moving offices during that time NOID was sent by USCIS -->> Company has to respond within 30 days --> Education (as layers didn't submitted any experience letters ) & A2p (Company financial messed up and I was paid way less than preffered wages)-->> Led to a2p denial since within limited 2 days we had to respond because lawyer could not send the notice within time --> company supplied unaudited financial statements-->> anuways led to denial a2p ...--->> Company decided to do appeals and MTR -->>submitted tax returns with assestts to support the difference of wages ..--> seems to be strong supporting documents -->> should have an approval-->> USCIS send the case to appeals office -->>waited.. waited and waited since I didn't want to lose pd ..by 2007 re applied I140 this time in EB2, moreover last few years was getting paid more than preffered wage--->> and new company (B) applied for PERM (EB2 PD April 2007) and applied for New I140 in October 2007 and during August 2007 applied for I485 based on New I140(with company A)(Based on the Old Labor).
Feb 2008 2nd I140 (based on the Old labor) got denied straightforward saying since during appeal it has been decided that I140 has been denied so it stays.
( I don't know why they didn't consider it as a new & fresh case).
Anyways thise denial came 2 days before I was going to India but I have been maintaining H1 all this time (8th year extension based on pending appeals on old I140).ANyways applied for Appeals and MTR again with extra supporting documents (bank statements etc..)
Well finally got tired this year and hence I applied for H1 transfer to the new company who has applied for my new PERM labor and New I140 (which has not been approved yet) which is 9 th year Extension.This new company has better financial situtation let see what happend this time.
Just want to share my experience with you guys, and may be this might be help to somebody or may be somebody might want to put their 2 cents on it.
All the information is in my signature, I am from India
1) Labor 1 Filed in Dec 2002 (Masters or Bachelors + 5 years progressive) approved in 2004. Lawyer filed I140 (EB3 ... sayin its better to file in Eb3).
Anyways Lawyers was moving offices during that time NOID was sent by USCIS -->> Company has to respond within 30 days --> Education (as layers didn't submitted any experience letters ) & A2p (Company financial messed up and I was paid way less than preffered wages)-->> Led to a2p denial since within limited 2 days we had to respond because lawyer could not send the notice within time --> company supplied unaudited financial statements-->> anuways led to denial a2p ...--->> Company decided to do appeals and MTR -->>submitted tax returns with assestts to support the difference of wages ..--> seems to be strong supporting documents -->> should have an approval-->> USCIS send the case to appeals office -->>waited.. waited and waited since I didn't want to lose pd ..by 2007 re applied I140 this time in EB2, moreover last few years was getting paid more than preffered wage--->> and new company (B) applied for PERM (EB2 PD April 2007) and applied for New I140 in October 2007 and during August 2007 applied for I485 based on New I140(with company A)(Based on the Old Labor).
Feb 2008 2nd I140 (based on the Old labor) got denied straightforward saying since during appeal it has been decided that I140 has been denied so it stays.
( I don't know why they didn't consider it as a new & fresh case).
Anyways thise denial came 2 days before I was going to India but I have been maintaining H1 all this time (8th year extension based on pending appeals on old I140).ANyways applied for Appeals and MTR again with extra supporting documents (bank statements etc..)
Well finally got tired this year and hence I applied for H1 transfer to the new company who has applied for my new PERM labor and New I140 (which has not been approved yet) which is 9 th year Extension.This new company has better financial situtation let see what happend this time.
Just want to share my experience with you guys, and may be this might be help to somebody or may be somebody might want to put their 2 cents on it.
All the information is in my signature, I am from India
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