Help : I140 AND 485 denied

[babaanem]

Hi all,
My company had withdrwan the I140 applied on some person. They did labor substitution and filed I140 and I485 for me. In the mean time the person whose I140 was approved used AC21 and joined some other company. INS denied my I140 and I485 saying the same reason. What I should do now ? What are the potential alternatives ? I am in 7th year but didn't file 7th year extension.

Regards,
Anem

 

[battered]

dude, i think u r safe .........since the company withdrew the I-140 it's theirs to use ( the labor ) .....so they used it for u and i think its valid...contact a lawyer who can help u to file a motion to reopen and explain the situation.

i think u shud be ok....

good luck
battered

 

[vibrant]

Hi all,
My company had withdrwan the I140 applied on some person. They did labor substitution and filed I140 and I485 for me. In the mean time the person whose I140 was approved used AC21 and joined some other company. INS denied my I140 and I485 saying the same reason. What I should do now ? What are the potential alternatives ? I am in 7th year but didn't file 7th year extension.

Regards,
Anem

the "person whose I140 is approved" and used AC21 and if the I485 Application is pending more than 180 days by the time he left the company.. then your company should not have substituted this labor.. I think you need to check with the lawyer before filing MTR.

 

[summit]

babaanem;

I have seen some situations on this forum where if the person who uses AC21, but didnot notify USCIS of the portability/move, there is a possiblilty that the previous employer withdrew the application (of the employee who left the company).

So, if you speak to a lawyer, mention this notification issue also.

 

[myitneeds]

bye the time employer filed new I-140 for you, I-485 of the previous employee should not be get approved, Then your case is valid..... as per my knowledge...


Take advise from atleast 3 or 4 attorneys....as most them do not know rules of critical cases....

 

[tammy2]

Hi all,
My company had withdrwan the I140 applied on some person. They did labor substitution and filed I140 and I485 for me. In the mean time the person whose I140 was approved used AC21 and joined some other company. INS denied my I140 and I485 saying the same reason. What I should do now ? What are the potential alternatives ? I am in 7th year but didn't file 7th year extension.

Regards,
Anem

File a MTR ASAP. Mean while find the another Labor and apply second I-140.
Your company might have sent revocation notice little late after 180 days.

 

[ginnu]

Hi all,
My company had withdrwan the I140 applied on some person. They did labor substitution and filed I140 and I485 for me. In the mean time the person whose I140 was approved used AC21 and joined some other company. INS denied my I140 and I485 saying the same reason. What I should do now ?
---- it seems USCIS is correct, other person used AC21 and Got GC approved based on same LC.
What are the potential alternatives ?
try to find other approved LC and file I-140- I-485

I am in 7th year but didn't file 7th year extension.
----- do you mean you have EAD and you dont have 7th year H1 status?
Regards,
Anem

http://www.murthy.com/chatlogs/ch040405_P.html

Chat User : Can the labor be reused to substitute after the cancellation of an I-140? Please advise.

Attorney Murthy : An LC may be used for a different employee if the employer revoked the earlier I-140 petition, but there seems to be a new risk that the USCIS will take the position that, if the original employee obtained the GC approval under that LC, even if the employer had revoked it, the new employee and the employer cannot take advantage of the earlier LC approval.

**** was that company based in NJ who gave you LC???????