I140 Denial(Nebraska) - Re appealed

bpathy

Registered Users (C)
Hi Guys !
I have an issue and I would like to have some suggestions.

My I140 came back with an intent to deny.
Reason: My lawyer when he put out the paper advertisement for my labor, he increased the exp for this job to 6 yrs and I only had 5 yrs and 9 months.
The labor got approved and when we filed the I40, I got an RFE to prove that I had 6 yrs of exp.
We submitted all my exp letters and it came back with intent to deny.
I managed to get 2 months more of my exp(now 5 yrs and 11 months) and we re- appealed. It was with BCIS for 2 months and now as of Jan 19th, my I140 and my families and my I485 , all have been transfered to the AAO.
I am on my 8th year, working with my EAD.
I am still working for the same company.

My question:
1) what do you guys think are tha chances at AAO ?
2) What happens in the meantime if my company got sold to another company and I still have my job ?
3)Why did all our 485's too get transfered ?
4) Did anyone come across the same scenario ?
 
I have no idea about this but have you considered sueing your attorney? This is a very blatant error. Unless you specifically approved this ad (no idea why you would do so), you might consider this option.
 
Thanks for your reply.

My company had approved this ad.
I am just wondering if AAO would deny it because I have 1 month lesser experience than shown in the advertisement.
 
NSC -EB2

I-140/485/EAD/AP RD: 7/20/05

I-140 LUD: 7/26/05(self)
AP LUD: 09/30/05 (self,RFE photos received)
EAD LUD: 09/27/05 (self,RFE photos received)

Bio metric: code 3- 10/02/2005 (me & wife)

I-485 LUD: 10/4/05 (self)
I-485 LUD: 10/4/05 (wife)

AP LUD: 09/14/05 (wife, approved)
EAD LUD: 09/21/05 (wife, approved)

11/07/05 - calles USCIS and started enqurity on I140 and it
takes one month to get the feedback)


Any one knows why delay on my I140?


Below is the reply USCIS(received 11/18/2005)


Case type:
-- I140

Filing date:
-- 07/20/2005

Receipt #:
-- LIN-05-222-xxxxx

Beneficiary (if you filed for someone else):
-- name

Your USCIS Account Number (A-number):
-- Axxxxxxxx

Type of service requested:
-- Case Status - Outside Processing Time


The status of this service request is:

The law states that we may only give information to the
applicant/petitioner or the attorney of record. You are the beneficiary of this Form
I-140. Therefore, we are unable to answer your inquiry.

If you have any further questions, please call the National Customer
Service Center at 1-800-375-5283.
 
bushlegal - yeah I know why they haven't approved your i-140. That's because you keep threadjacking other people posts. How rude.
 
bpathy said:
Hi Guys !
I have an issue and I would like to have some suggestions.

My I140 came back with an intent to deny.
Reason: My lawyer when he put out the paper advertisement for my labor, he increased the exp for this job to 6 yrs and I only had 5 yrs and 9 months.
The labor got approved and when we filed the I40, I got an RFE to prove that I had 6 yrs of exp.
We submitted all my exp letters and it came back with intent to deny.
I managed to get 2 months more of my exp(now 5 yrs and 11 months) and we re- appealed. It was with BCIS for 2 months and now as of Jan 19th, my I140 and my families and my I485 , all have been transfered to the AAO.
I am on my 8th year, working with my EAD.
I am still working for the same company.

My question:
1) what do you guys think are tha chances at AAO ?
2) What happens in the meantime if my company got sold to another company and I still have my job ?
3)Why did all our 485's too get transfered ?
4) Did anyone come across the same scenario ?

What is AAO?
 
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