I140 victim: Starting new I140/485 with labor substitution

[SaiGC2004]

My earlier cases I140/485 were denied with denail of I140 (ability to pay) and MTR is still not touched even after 5 months. Now I am going to apply again with a labor substitution from the same company. My earlier I140 was based on my own labor but I was not on payroll when labor was applied. My company is doing OK with 80+ consultants and many got I140 apporvals.

Experts please advise me what precautions I need to take to avoid any queries.

 

[ashwin_kc]

substitute labor

Make sure the substitute labor education requriements are met.

Like BS degree or equivalent must be mentioned.

Progressive experience in the requried skill set is mentioned.

Is it EB2 or EB3?.

 

[clear485]

SaiGC2004,

Where is your company ? Which state's labor you are using now.....
What is the reason they denied your 140 ?

 

[lohith]

My earlier cases I140/485 were denied with denail of I140 (ability to pay) and MTR is still not touched even after 5 months. Now I am going to apply again with a labor substitution from the same company. My earlier I140 was based on my own labor but I was not on payroll when labor was applied. My company is doing OK with 80+ consultants and many got I140 apporvals.

Experts please advise me what precautions I need to take to avoid any queries.

Did you check that 'Ability to Pay' on the sub-LC should be met from it's priority date?