Denial

A

atlantafella

New Member
SOS! Need some info fast, PLEASE!!!

My comp. had applied for I-140 in sept. 2001.
INS sent denial notice in April 2002.
Employer sent motion to reopen in june 2002
Denial notice sent in march 2003
Employer file I-290B in april 2003 and is still pending.
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About 20 other GC cases from my employer have been going on smoothly, even if slowly during this time.

Has anybody been through this experience?

What are the chances that I will have an approval?
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I have about 13 months left on my H1. Do I keep my fingers crossed or jump ship?

Any suggestions appreciated.

Many thanks in advance.
 
In my opinion

Jump ship......You still have some time in hand...try to find out from a good lawyer whether you can still use your labour

Wish you all the best
 
The company that employs me was spun off from another company.

My labor was applied for from the new company, but the officer apparently took exception to the relatioship between the old and new companies. But, as I mentioned before, 19 other cases have been going forward without this problem.

Thanks.
 
Jumping ship may not help

You have 13 months left on H-1.

You will NOT be able to use the old labor if you change the company. The re-use of labor is possible only if the new company you join has an unused labor which is already approved. If not, you will have to start over with the new labor. If you really want to jump ship, you will have to:

- get new job
- apply for H-1
- apply for labor (most probably) this shoud be done in a month to qualify for the H-1 extension.

otherwise, you will have to continue fighting for the approval of 140.
 
atlantafella:

Try write your situation clearly to get help from others.

You were not explaining your case clearly.

why you applied Motion in June 2002 and again in Mar 2003?

The one you applied in Mar 2003 is 290 B type. what about the type of motion that you applied on June 2002? Did you get any update on June 2002 Motion if so when did you got the update?

Please write clearly what is the reason for denial and which service center you applied I-140?

what kind of spun off your company had?
which entity are you belong to i.e LC applied company or I-140 applied company?
Is your LC and I-140 applied with same company or different?

Because some people went thru this situation in this board so they may help you if you write your case clearly??
 
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