I140 and I485 denied

D

dev2000

Registered Users (C)
I have filed my labor in 2000 january and my federal was approved in Mar 2002. My Attorney did not receive the original labor and so he waited for five months before filing my I-140 (Sept 2002). He filed my I-485 concurrently in Dec 2002. I had to move to another company because of lay-offs in Aug'2003 per AC21 rule of minimum six months after I-485 filed. I have already got couple of finger print notices and also three EADs and Advance Paroles. Today I have received in my mail that my I-485 has been denied because my I-140 has been denied. I have to talk to my attorney tomorrow about the reason for my I140 denial but can someone help me if they have any suggestions/ known cases and how they resolved it.
 
Denied or NOID ?

From what you say, you seem to be a picture perfect case for AC21 ?

Did you get denial or did u get NOID ? Why was your I-140 denied ?
Was it revoked ? And does revocation of an I-140 lead to NOID or
denial of I-485 ?
 
You need to ask your attorney why your I-140 was denied. Usually CIS will send a REF before they deny a case. If your I-140 petitioner willing to help, you still have hope.
 
My I-140 was denied because they could not find my approved labor. Since denial of I-140 automatically denies I-485 and so they have denied my 485 too. As I mentioned in my original posting, the original labor approval notification was lost in the mail. Now my attorney contacted the DOL and have obtained the final certification letter and submitted an MTR to INS.
 
dev2000 said:
My I-140 was denied because they could not find my approved labor. Since denial of I-140 automatically denies I-485 and so they have denied my 485 too. As I mentioned in my original posting, the original labor approval notification was lost in the mail. Now my attorney contacted the DOL and have obtained the final certification letter and submitted an MTR to INS.
Click to expand...

Hi!
How many days it took to get the duplicate certificate LC from DOL.
Because mine also same case.

Thanks,
 
Dev2000, You will get approved. Your attorney should not have filed I-140 without the LC. He should have known that it would get denied. Just hang in there. How did you continue working between the days your I-485 was denied and the MTR was filed? I believe the EAD/AP become invalid from the date of denial.
 
Waiting for DOL to send my LC duplicate

I have talked to INS today and they have requested DOL to send them a duplicate copy of the approved labor. Does anyone know how long does it take for DOL to send a duplicate copy and is there any method to expedite the process as my EAD expires in next ten days?
 
dev2000 said:
I have filed my labor in 2000 january and my federal was approved in Mar 2002. My Attorney did not receive the original labor and so he waited for five months before filing my I-140 (Sept 2002). He filed my I-485 concurrently in Dec 2002. I had to move to another company because of lay-offs in Aug'2003 per AC21 rule of minimum six months after I-485 filed. I have already got couple of finger print notices and also three EADs and Advance Paroles. Today I have received in my mail that my I-485 has been denied because my I-140 has been denied. I have to talk to my attorney tomorrow about the reason for my I140 denial but can someone help me if they have any suggestions/ known cases and how they resolved it.
Click to expand...

You are not supposed to join another company until your I140 is cleared. The company might have used the same labor for somebody else using AC21 rule. I think they denied your I140 AND I485 because they don't have valid Labor for your I140 AND I485 application. Even my I140 AND 485 were denied because my company used labor sub using a labor which was used for some other employee who left the company after 140 was approved and 6 months passed after 485.

Check with your attorney and ask them to open MTR.
 
What are the next steps? I am in the same situation

Hello All

I am in the same situation as the above , My company filed for I140 using the labor that they used to file I140 For a previous employee who left them before his I140 Got approved. Company withdrew the case and when they filed for my I140 applied along with the withdrawl notice and a dublicate copy of the Labor.

So the original labor was submitted to INS when they initially filed for the previous employee.that means INS already has the original labor

MY I140 Petition got deneid as there is no labor , and as I148 Also goes along with the I140 (Concurrent filing) my 485 Also got denied.

My employer is saying we will file the 290B MOTR ,
Iam concerned and also looking at options in front of me .. Is it good to obtain the labor from the DOL and then file the MOTR or file the MOTR with the briefing ? My employer says it is the INS Responsibility to contact DOL or look into the other old I140 THat they had withdrawn for the labor ..

HOW long will it take to obtain the Duplicate Labor from the DOL ? Any thoughts will be greatly appreciated ....


In case any of you guys woukld like to discuss over phone plese send me your tel number in a private message ..

I look forward to talking to you guys

//Raj
 
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