Any Suggestions please?

M

myslm

Registered Users (C)
Hi,

Need your expertised suggestions on how to go about it..

Here is my case scenario,

My original labor which was denied based on layoffs in my company got approved after being appealed ( After 4 long yrs :( ). In the mean time, I applied for I140 & I485 (semi concurrent) through an approved labor, which was also denied last december. Reason being that the original benificiary of the labor was issued a GC based on it. According to my attorney, it was a mistake on USCIS part, since the original benificiary was not elligible for AC21. An MTR has been filed against the denial and we are waiting for USCIS to respond on it.

Here is my question. Since my original labor has been approved, should I go ahead and file for I140 & I485. Or should I wait for MTR to be resolved. What happens in case, if MTR is upheld and processing continues on it. Can we have two parallel processing from the same Co. at the same time?

Appreciate any feedback/guidance.

myslm.
 
myslm said:
Hi,

Need your expertised suggestions on how to go about it..

Here is my case scenario,

My original labor which was denied based on layoffs in my company got approved after being appealed ( After 4 long yrs :( ). In the mean time, I applied for I140 & I485 (semi concurrent) through an approved labor, which was also denied last december. Reason being that the original benificiary of the labor was issued a GC based on it. According to my attorney, it was a mistake on USCIS part, since the original benificiary was not elligible for AC21. An MTR has been filed against the denial and we are waiting for USCIS to respond on it.

Here is my question. Since my original labor has been approved, should I go ahead and file for I140 & I485. Or should I wait for MTR to be resolved. What happens in case, if MTR is upheld and processing continues on it. Can we have two parallel processing from the same Co. at the same time?

Appreciate any feedback/guidance.

myslm.
Click to expand...

Why don't you apply for I-140 on the original LC now so you will have a solid backup if MTR does not come thru in your favor !.. Once your I-140 gets approved you can switch the I-140 underlaying your current I-485.
 
The only draw back I see in it is that, If my MTR gets denial again, then I presume, the underlying I140 and I485 are lost. In which case, I would have to restart the I485 at a later date.

myslm
 
myslm said:
The only draw back I see in it is that, If my MTR gets denial again, then I presume, the underlying I140 and I485 are lost. In which case, I would have to restart the I485 at a later date.

myslm
Click to expand...

No, You can switch your OLD 485 (which is in MTR) & link with your new I-140 .. this way you need not reapply new I-485.
 
Checked with my attorney and according to them, the I485 is part of the MTR. New AEC cannot be added to the I485 until a decision is made to reopen the old I140 and I485.

myslm
 
The best thing that you can do is apply for new I-140 and I-485 rather than waiting for MTR which would take very long time and USCIS already said that a GC has already been issued to another person. If they have to accept your MTR then they have to revoke the previously issued GC. In that case that person might fight for it and that could drag processing your app.
 
myslm said:
the labor was issued a GC based on it. According to my attorney, it was a mistake on USCIS part, since the original benificiary was not elligible for AC21. An MTR has been filed against the denial and we are waiting for USCIS to respond on it.
.
Click to expand...

This MTR most likely does not work. Not being eligible to AC21 does not
necessary mean this person can not continue GC process after changing
employer. If this person's I140 gets revoked by sponsor company BEFORE
this person becomes eligible to AC21, then your MTR works, otherwise CIS's decision on I485 approval for this person is not overturned.
 
According to my attorney, the I140 was revoked once the previous beneficiary left the company. But USCIS has still issued GC even after revoking I140 and so is the reason for filing MTR.

myslm
 
myslm,
Do you know if the same attorney had also filed 485 for the previous beneficiary ? If so ,was it done concurrently ?

I am thinking that your attorney would have known when the 485 was filed . Based on that he/she should have known that it might be a possibility that the previous beneficiary could have applied for AC21. How did they proceed filing for you without that ?

~GBA
 
Hmmm

godblessall said:
myslm,
Do you know if the same attorney had also filed 485 for the previous beneficiary ? If so ,was it done concurrently ?

I am thinking that your attorney would have known when the 485 was filed . Based on that he/she should have known that it might be a possibility that the previous beneficiary could have applied for AC21. How did they proceed filing for you without that ?

~GBA
Click to expand...
I say first fire your attorney, then refile 140 only. 485 can switch to new 140.
 
No, the pervious beneficiary was not qualified for AC21 according to my attorney and the underlying 140 was withdrawn. So, according to them, it is an erroneous decision from USCIS. All that I can understand from their statement, is that I140 was not yet approved for the previous beneficiary. (Not sure, whether 485 was filed or not). Need to check on that.

myslm
 
I believe its better for you to file the new I140 using a old I485. Because going by the MTR, is gonna delay your case further. Def other guy will also fight for his GC whether issued GC was right or wrong? This whole process may drag for 2-3 years. Also you don't know all the correct details like when he was working with your company, during that time I140 was approved or not, did he invoke AC21 or not? You should findout all the details, when actually I140 was approved, did he invoke AC21 if yes what was the actual date, what was the status of I140? ....
When he got a GC then def I140 was approved for him?
you should make sure yourself that you are eligible for the I140 otherwise it will be sleepless nights for you as well as the other guy.

All the best...
 
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