I-140 denied without reason. Request help from experienced members.

S

swat1

Registered Users (C)
Hi,
My I-140 was filled July/2003 at Texas Service Centre. I am not sure whether it is EB-2 or EB-3 (Actually option e.'A skilled worker of Professional' was selected in my I-140 petition) and my attorneys used Substitution Labour.

But the crux of the issue is we (my company or attorney) never receieved Denial Notice. On July/2 the Online status started showing that Notice has been returned to the sender and asked to update the mailing address.
But none of the address has changed in the past two yeats!


After so many commnucations that my attorney had with USCIS last month they send out a letter stating:
'The Petition for Alien Worker (Form-I140) was denied on 06/29/2004. The denial notice with explanation was sent to the last address of record'.

My attorney called up (again!) to request resend of the Original denial notice. But there is no progress in this front. Every time USCIS keeps telling that last request was made less than 30 days ago and we cannot process another request now. Even after expiry of 30 days they don't take any action on the item.

It is taken nearly 4 months just to know my case has been denied, let alone the reasons for denial !
I would greatly appreciate any suggestions/advice from the experienced members in this forum/in dealing with this kind of issues.

1. Is there any way to escalate this issue so that USCIS can let us know the reason for denail?
2. I read about 'Motion To Reopen' in this forum. Is there any time limit(with reference to denial date) with in which we are supposed to request MTR?

My attorney says he has to find the reason for denial before he can file MTR.
 
Contact ur senator/congressman. Explain to them in detail ur saga. Sometimes they are more resourceful in getting things done which even Lawyers cant do.....
 
Thanks for the reply.

Is there anything else we can do?
I have opted for Consular Processing and I am currently not in U.S. So I believe I cannot contact Senator/Congressman.
 
What is/was ur normal place of residence in US. I believe u shud still be able to contact ur Local senator/congressman based on ur address in US thru their website/email and fax them what they need to look into ur case.

give it a shot.
 
My normal state of residence is Florida and I have just found out the website where I can post messages to my senator. I will talk to my attorney and give this a shot.
It always helps to discuss things with the peer group. I never thought about this option (contacting Senator).

Thanks very much.
 
Sorry to hear that

Use the attached form to send the expedite request to TSC. Hope they will give an answer. It is available on the USCIS web site also.
 
Thank a lot for letting me know about
(a) Ombudsman,
(b)Option to request Senator and
(c)the option to request expedite processing.

I have requested my attorney to make use of (a) and (c).
I am planning to request myself using option (b).

You all were very helpful. Thanks very much.

How strict is the 30 days limit? My attorney keep telling me that once we make a request we cannot make another request to USCIS with in 30 days. I can understand this argument. But we have been making requests for the past 4 months just to find out the reason(s) for denial. Even if USCIS screws up and doesn't work on our requests prmptly, can't we call them with in 30 days, explain the case history and ask them to send the denial notice again.
I don't understand this.

I read in USCIS website that Motion To Reopen should be made with in 30 days of denial. Though my case was denied in June, I am still struggling to find out the reason(s) for denial. Only after I find out the reason for denial I can file MTR. Is there any case that you know of where exceptions can be made due to adverse conditions like mine. I can prove by showing all the letters and faxes that we been sending to USCIS to send us the denial reasons.

Any other options available to help my case will be very much appreciated.
 
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