I-140 Denied, Please Advise about the options

chava45

Registered Users (C)
My I140 got denied in May. USCIS says they sent RFE for my I140 application in January. Then I contacted my attorney about this RFE. He says he didn’t receive it, so he contacted USCIS to resend RFE. USCIS says they will resend it, but they didn’t send it. So again attorney contacted them and USCIS says again as they will send it. But Attorney never received it. But USCIS denied I140 application after completing the 90 days time from the day USCIS says they sent RFE.

Then Attorney filed motion to reopen case to open I140 again, saying that he never received RFE to reply.

USCIS opened the case, but with in two weeks they closed the case saying that RFE didn’t received is not the valid reason to open the case. Attorney didn’t have any documentary evidence to produce to USCIS for his request to resend RFE again. He called USCIS, but he didn’t send any letter like that.

Now I have an option to apply for I-290B to Washington, DC to request to open this case. It looks the probability in Washington DC is minimum.

Then I was able to file I140/I485 concurrent filling. Now because of I140 denial, my EAD and I485 are denied.

Please advice me how can I get this I140 active, so that I can have EAD and I485 in active status.

Thank you.

Chandra
 
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