NEED HELP CP - Immigration Visa Denied
Hi,
Here are the details of my case.
I used to work for a startup "A", which started my GC process in EB 2 category.
Company "A" was acquired by company "B" before LC was issued. Later company "B" filed the I-140 petition after getting the LC and I-140 approval came on behalf of company "B".
When I went to Chennai for my CP interview, the consulate officer said that my application was invalid and I would have to redo the whole process again.
I asked what rule he applied and he told me it was "9 FAM 40.51 N4.6-1a". He claimed that as per the rule "9 FAM 40.51 N4.6-1a", I need a new LC appoval for company "B". That means restart the GC process.
I did not know the exact rule then.
I came home and googled for "9 FAM 40.51 N4.6-1a". I found the following link: http://foia.state.gov/masterdocs/09...40051N.pdf.This is a US immigation rule document which is used by the consulate to make the decision. This is what it clearly states for "9 FAM 40.51 N4.6-1a":
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A new Form I-140, Immigrant Petition for Alien Worker, must be filed if:
(1) The petitioning employer:
(a) Has been bought out by, or merged into, another corporation;
(b) Has experienced a major organizational change; or
(c) Has changed its name, or
(2) The assets of a corporate petitioner have been sold;
(3) There is a change in the location of the business entity where the applicant will be employed.
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The rule clearly says that I should have I-140 on company "B" name, which is what I have from company "B" (as it was filed by company "B").
The officer misinterpreted I-140 rule and incorrectly applied it for LC.
My company lawyer has contacted the US counsulate in Chennai and they said they have asked Washington DC office for further guidance. Now even after 4 weeks, we have not received any response.
I am wondering what my options are. Any guidance and suggestion will be appricated.
Thanks
Hi,
Here are the details of my case.
I used to work for a startup "A", which started my GC process in EB 2 category.
Company "A" was acquired by company "B" before LC was issued. Later company "B" filed the I-140 petition after getting the LC and I-140 approval came on behalf of company "B".
When I went to Chennai for my CP interview, the consulate officer said that my application was invalid and I would have to redo the whole process again.
I asked what rule he applied and he told me it was "9 FAM 40.51 N4.6-1a". He claimed that as per the rule "9 FAM 40.51 N4.6-1a", I need a new LC appoval for company "B". That means restart the GC process.
I did not know the exact rule then.
I came home and googled for "9 FAM 40.51 N4.6-1a". I found the following link: http://foia.state.gov/masterdocs/09...40051N.pdf.This is a US immigation rule document which is used by the consulate to make the decision. This is what it clearly states for "9 FAM 40.51 N4.6-1a":
-------------------------------------------------------------------------
A new Form I-140, Immigrant Petition for Alien Worker, must be filed if:
(1) The petitioning employer:
(a) Has been bought out by, or merged into, another corporation;
(b) Has experienced a major organizational change; or
(c) Has changed its name, or
(2) The assets of a corporate petitioner have been sold;
(3) There is a change in the location of the business entity where the applicant will be employed.
-----------------------------------------------------------------------
The rule clearly says that I should have I-140 on company "B" name, which is what I have from company "B" (as it was filed by company "B").
The officer misinterpreted I-140 rule and incorrectly applied it for LC.
My company lawyer has contacted the US counsulate in Chennai and they said they have asked Washington DC office for further guidance. Now even after 4 weeks, we have not received any response.
I am wondering what my options are. Any guidance and suggestion will be appricated.
Thanks
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