I-140 wrongly rejected by NSC - Need help !!!

sukumarc

New Member
Hi,

Here is my case:

Labor substitution - EB3 - India - PD 12/30/2002

* Applied I-140 & I-485 concurrently in NSC on 28th Dec 2004.
* NSC rejected saying "Original LC is not included" on Jan 6th 2005.
* My attorney refiled with explanation "Original LC was retained by NSC when 140 for previous employee was revoked" on Jan 10th 2005.
* NSC accepted I-140 on Jan 20th 2005. But rejected I-485 saying "No quota".

This had lead my case to EB3 retrogression.

My attorney has reported this to AILA (American Immigration Lawyers Association) in sometime Jan 05, to get this straightened so that I-140 RD be changed to 28th Dec 2004.

Till now we did not get any feedback from NSC & AILA.
My attorney says "you are unlucky" and simply wait till we hear from AILA.

My question is: Am I really unlucky here? Is my wait worth? Will AILA do something really?

Experts please advise.

Thanks.
 
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