I-140 denied please help!!!!!!!!!!

P

pswcil

Registered Users (C)
Candidate 1 applied labor from Company A and before it is approved he moved to Company B and got green Card in Jun 2007 through Company B. I filed my I 140 in July 2007 by using Candidate 1's labor through Company A. My I-140 is denied saying I cannot use this labor because the candidate 1's green card is already approved before my I-140 is submitted.

Please let me know if there is any rule/section like this which I'm not aware and also please suggest if you have any ideas to overcome this issue. I contacted my lawyer he even is not sure if there is any such rule, what should be my next immediate step?

My own perm labor is expired and wondering if there is anything we can do.
 
Yes. It is called AC21 (portability). Even though he moved to company B, he could use his petition at company A for getting GC. Then his petition had already been used for him, and could not be reused for you.
 
Thank you for your input.

When Candidate 1 left the company his labor was not approved. He applied for labor in 2002 and left the company and that was approved in March 2007. As per my denial notice it states that the candidate 1 got his approval of his I140 in June 2005 and I485 approval in July 2007. Meaning there is no way he could have used this labor.

Is AC21 possible if the labor is not approved?
 
You need to get in touch an attorney who is well versed with AC 21 law. In your case previous alien ported labor certification priority date to new employer based on previous employer's I-140 approvability, but the question is since this position is still available with previous employer, can this be used by a new alien ?
 
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