I-140 Denied, I-290B filed and it's send to AAO

I

InMess

Registered Users (C)
Hi Guys,

As i said earlier my I-140 was denied for the reason below

I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.


My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.

Today 03/21/08 i just got an update from USCIS saying:

Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.

On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.

1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?

2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.

Please help me out and advice on what should i be doing at this point and what are my options on this.

Thank you all for your advices and help.
 
The appeal takes 1-2 years and is almost denied afterwards. You might be better off with starting a new labor and then withdrawing the appeal and re-filing a new I-140.
 
nscagony

nscagony,

Eventhough I have posted a similar question in another thread, i cudnt get clear idea. now i have a question based on ur previous post. could you please clarify

My 140 is denied ( waiting for notice to reach in mail). I am completeing 5 years in 2 months. Since if I appeal now, its gonna take anyways 1-2 years(by when 6 years wll be over) and that is also no guarantee of approval, many are suggesting to file a new Labor now simultaneously with appeal for old 140. But if I apply a new labor now and later withdraw the appeal and file new 140 ( based on new labor), what is the use of filing appeal now? could you please clarify?

Thanks
 
You can't file a new I-140 while your appeal is pending, but you can start a new labor. Once you are ready to file a new I-140 you withdraw the old one. In the meantime you can try your luck. Maybe the AAO through some act of god makes a decision early. There is no need to withdraw the appeal until you are actually ready to go ahead with the new I-140.
 
I have been there and done that.

1. Appeal to AAO is denied in 99.9% of the cases. If you want to take a chance of 0.1% go ahead. Also think about why should the AAO approve your case? The labor certification is clearly wrong. The AAO takes over 17 months to make a decision on the case.

2. They have denied the labor as stating that this does not meet EB2 requirements.

- Are you ready to accept this as EB3 labor?
- If yes, then withdraw the appeal. (change the lawyer he is giving BAD advice).
- File another I-140 as EB3 on same labor (you will need to attach the I-140 document which is denied to prove that labor is still valid, after 6 months).

3. Check whether the company has ability to pay. The I-140 may get denied due to this.

4. Get a competent attorney who knows what he is doing (not stupid things like the labor certification with incorrect job requirements).
 
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my lawyer is saying that u need not with draw ur I140 appeal when u apply for new I140. is it true. where can i verify this(i.e govt official site). please let me know
 
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i've asked him .thats what he's saying.my I140 got denied & sent to aao.
we're filing for new lc. but he says we not withdraw the appeal when u apply for new I140 based on new LC even though its the same ctegory & same employer.
when i told him that i read in forums that we need to withdraw our appeal before we file new I140. he is not agreeing.
now where can i find the proof to show him
do u know any govt site where we can find such info.
 
kamarava said:
when i told him that i read in forums that we need to withdraw our appeal before we file new I140. he is not agreeing.
Click to expand...

Read the forums carefully. Half knowledge is dangerous.

The lawyer is right in this specific case. If you are so interested to find out a website where this is published, good luck in finding this. Ask the lawyer for this website (you are paying him right?).
 
kamarava said:
i've asked him .thats what he's saying.my I140 got denied & sent to aao.
we're filing for new lc. but he says we not withdraw the appeal when u apply for new I140 based on new LC even though its the same ctegory & same employer.
when i told him that i read in forums that we need to withdraw our appeal before we file new I140. he is not agreeing.
now where can i find the proof to show him
do u know any govt site where we can find such info.
Click to expand...
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You lawyer is absolutely correct. Do not withdraw your appeal. You cla have multiple I140's files with same employer or different. It all converges when you applyu for I485.
 
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