I140/485 ***Denied***

A

asat

Registered Users (C)
Hi

Our RD is 10/05/2002

Got RFE on June 25th 2003
RFE Replied on Jul 25th 2003

I140/485 (concurrently filed) denied on Oct 14th 2003.

I have filed my 6th Yr Extension on July '03 and it is still pending.Will they Reject my H1 as b'cos my I140 is rejected?

And also,my wife was in Adjustment of status,we didnt file h4 for her.Does she has go to India now?

Any Opinions/Suggestions is highly appreciated.
 
reasons

sorry to hear about your denial. Do you know the reasons for denial?

I think, 6th year extension has no bearing on the I140 as it is not based on that petiotion.
 
Hi

Sorry to hear about u r case. Please, can u elaborate, as I am in the same boat as yours...

thanx
 
Sorry to hear about that. I thought these things hardly get denied.

Can you please give details on your petition, category, reason for rejection etc etc.

Thunderstruck
 
I used Substitute Labor.But the person had already two labors.So He used one of them and the other one used for me.It got rejected as b'cos that LC were already used.
My Attorney is working on my case...

Thanks for your replies...
 
I am in similar situation, can you please elobrate when you say labor was already used?

Thank you
 
I guess...it means that it (the particular LC which asat was substituted for) was used by another individual to obtain a Green Card.

As long as the LC was not used to obtain a Green Card, it can be used by somebody else.

Any other comments....
 
Thanks for the reply....just to clarify....does it mean even if the labor was used for 140 and 140 was cleared but not for 485 it is ok?
 
Yeah,that person already had two LC's.But he got greencard thru other LC.
My wife was in adjustment of status.She obtained Interim EAD and was working.So I didn't obtain her H4 extension.My attorney advised her to get H1 visa (premium processing) in India as b'cos her H4 already got expired(in Jun2003).

What are all the chances of Rejection and what are all the docs she need?She was working for 6 months.

Thanks
 
Originally posted by Dpshah
Thanks for the reply....just to clarify....does it mean even if the labor was used for 140 and 140 was cleared but not for 485 it is ok?
Click to expand...

Labor is used only for 140.

Labor is not necessary for 485.
 
continue with denied 485

My corporate proposed to substitue a labor to file 140 to link with my denied 140. Representative told me that there may not be a need to file 1485 again.

Could i continue with existing 1485? Any ideas.... please let me know.
 
In my case, in the substitute labor, person X got the labor in 1998 (thru company A) and he moved to company B got the labor in 2002 and used for getting GC. Recently company B (I was with company B) was acquired by A, company A used the labor they got it in 1998 (the one not used by X) for my I140 filing. Quite confusing, Please help me here.
 
Hi an_anonymous,

Can you provide any source to support your statement:

As long as the LC was not used to obtain a Green Card, it can be used by somebody else.


My understanding to your statement: even the I-140 is approved, the LC can still be used by somebody else. right?

Thanks.

jtc
 
Can somebody clarify this ? Suppose, I am working for company A (CSC) and I have an approved LC. Now, I got approved another LC through company B (TSC) for future employment. For some reason ( I want to continue GC with compnay A), if I don't want to use company B LC, can somebody else use that LC and get GC ? asat has similar scenario, isn't it ? LCs for asat case may be from same center but that shouldn't matter, I guess.

Thanks.
 
Originally posted by asat
In my case, in the substitute labor, person X got the labor in 1998 (thru company A) and he moved to company B got the labor in 2002 and used for getting GC. Recently company B (I was with company B) was acquired by A, company A used the labor they got it in 1998 (the one not used by X) for my I140 filing. Quite confusing, Please help me here.
Click to expand...

They can use the labor from company A (1998 labor) for you to file I140 as long as you meet those requirements by the time they filed that labor.

For example: If the labor was filed in Feb 1998 and requires 5 years of experience, then you shoud have had 5 years of exeperience by Feb 1998. Same rule applies to other requiremnts in the labor too.
 
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