I140 RFE not sent within 12 weeks , and I140 Denied --- PLEASE HELP

R

rajnuk

Registered Users (C)
Hello All

As usual Iam the victim of employer not following up with the INS promptly. Here are my details
September o4 applied for I140, 485, 765 Concurrent filing (Texas)
765 approved in less than a month
received FPS
received 485 receipt notices

Employer received I140 Receipt notice ( Employer did not provide me the receipt notice number )
INS Raised an RFE to submit the original labor certificate within 12 weeks and indicated that if the office did not receive the response from employer , petition will be denied.Notice date of RFE is January 28th 2005

Employer responded to the notice , INS received the response and the receipt date for the response received by INS is MAY 18TH ------> Clearly employer did not submit the response within the 12 week time frame

Employer provided me the RFI INS raised during the second week of June 2005. Finally I have the receipt number for my I140 .. and I was able to know what the RFI was about and was able to track the I140 from here on

August 15th INS Denied the I140 Petition not allowing any further appeal ..and also I received I485 denial letter to my address

what do you think the reason is ? Is it because the response was not sent within the time frame ? Company has good financials and others have received GCs' from the company. I am using substitute labor , and this labor was originally used for a previous employee but employer withdrew the I140 Petition that they filed for the previous employee ...

Should I be able to still appeal ? Employer says I should not have any problem refiling the I140 using the same copy of the labor ..

Please advice and provide all the feedback you can , Iam totally lost , employer does not want to let me use my lawyer and the person who is incharge of the INS petition is not always available .. as usual ..

what should I do , what is the best way to get this back on track

Thanks in advance
Raj
 
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Thanks for your reply

Unfortunately The denial letter from INS explictly says that the case cannot be appealed.. atleast that is what the employer is telling me and not releasing me the copy of I140 Denial.

Reg the priority date and the labor it is a eb3 filing and backed to 2001 and I beleive it is current. so I would be able to file the I485 along with the I140 Filing .

Can you comment on the eb3 and priotity dates and as of today can I file I140, I485 , AND 765 ALL together ?
Employer also says that he submitted the withdrawl notice to the RFE , just that the RFE was not sent within the 12 week time frame , ( He was sitting in india , and is not reachable and his office staff does not give out his contact details and he is the one who handles all the immigration stuff , atleast thats what they say ....:(


Because the I140 Denial stated that there cannot be any appeal , does that mean I cannot appeal to open my I1485 ? can you give me a little more insight into this process??

Also keep in mind that I am filing under sec 245 (i) and adjusting my status Basically there was an immigration petition that was made on my behalf by an employer before april 2001 and unfortunately i had to leave that company before my I140 GOT approved .. After running around with multiple attorneys and few paralegals who gave me wrong information , I came to know that I DO qualify for the 245(i) .. interestingly some law firms told me i dont even qualify for 245(i). To my satisfaction , the 485 Denial that I received clearly stated that 485 that is filed under 245(i) got denied because there is no visa number avaialble due to the i140 being denied .. that atleast made it clear that I DO QUALIFY FOR SEC 245(I)


Any suggestions or feedback is greatly appreciated

//Raj
 
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Telephone conversation ..

Hi

I am wondering if I can give you a quick call to discuss , if you are free at present .. so I can discuss a little more , as you might have seen , it is a complex situation .

Raj
 
Thanks

I am in the eastcoast as well .. I will call you tomorrow ...

Thanks for your advice .. I am going to try to get a copy of actual i140 denial letter from the employer tomorrow ...
485 Denials that I received do not say anything about appeal

I think even the employer did not realize why the I140 Was denied .. may be it is a genuine mistake or error from his side , that they did not submit the response within three months RFE from INS Came on january 25th and before may25th they might have thought they will send , and did not realize that january 25th to may 25th its 4 months , beyond 12 weeks ..

Now the other big problem iam going to face is to convince this employer to allow me to hire my lawyer to get the case reopened ....
I guess thts the life of a victim , go by these crooked employers who are capitalizing on INS Rules making money out of people who have no choice but to go by their rules ...

Thanks for your help

Raj
 
Did the employer tell them that this was a substitution and that they had the original? If so, there is an argument that the RFE was in error since they already knew that the company did not have the original LC. It may therefore be possible to make a request to correct a service error and get the case reopened.

It needs to be submitted correctly and, based on their past record, I doubt that your employer can do it properly.
 
regd. I-140 denial

Hi
I have filed I-140 and I-485 concurrently. My I-140 was also denied due to missing orignal labor on October 29,2005. Automatically, my 485 are also denied.

My company's lawyer gave the two solutions.
1. Refiling I-140 case
2. Motion to Reopen/Appeal

Is it possible to appeal right now through Rajiv Khanna or Jim of earlier denial?. At present, I have re-filed the I-140 again. Again, I-140 had an RFE stating that missing orignal labor on April 12,2006.

It is really panicking for me.

Thanks
Jagadeesan
 
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