I485 denial: have the details now

G

gchopeful1

Registered Users (C)
Hello friends:
After the most hellish weekend of my life, I talked with my attorney this morning. When I told them about the reason for the 485 denial, they said that they had received the letter from INS explaining the revoking of my I140 (I still can\'t figure out why they didn\'t mention it to me or do something about it until now)

I\'m breaking down the events in my case in a chronological order to make it easier to follow:

i) Person X\'s approved Labor Certification was used to file for my I140 at VSC on May XX, 1999

ii) The I140 was approved on August XX, 1999

iii) Using the approved I140, my I485 was filed at VSC on September XX, 1999

iv) My own labor certification got approved sometime in 2000

v) My approved labor certification was used to file person Y\'s I140 at VSC sometime in 2000

vi) On Nov. XX, 2000 INS sent a letter to my attorney saying:
"It has now come to the attention of this Service that you wish to substitute another individual on the labor certification. This Service acknowledges the receipt of your Form I-140 and Form 750, Part B, filed on behalf of the new alien. You will be informed of the decision on that petition by way of separate notice. Therefore, the approval of your petition is automatically revoked in accordance with 8 CFR 205, 1(a)(3)(iii)(C)

vii) On May XX, 2001 INS denied my I485

I also talked with a few other attorneys, they are saying that they can only help after looking at all my information. But when I mentioned the above series of events, they say it sounds legal. They are not sure if the mistake is my attorney\'s or INS\'s. My attorney says it is INS\'s fault (and I hope so too) and is preparing a rebuttal letter. Also, according to them, they never reused Person X\'s approved Labor Certification to file for anyone else\'s I140 at VSC either.

Thanks a lot
 
No Title

This looks like a simple mix up. Hope your attorney can easily straighten out the confusion.
Anyway my best wishes.
 
No Title

i don\'t understand, why your attorney\'s never told you about the revocation of your i140. they should have acted on this one right away. they seem to have breached the attorney-client relationship.

i\'d strongly recommend that you get a second opinion from an independent immigration lawyer, like khanna, shusterman, et al. as i mentioned earlier, do write to ms.linda dodd-major at office.business.liaison@usdoj.gov. she\'ll be able to provide you with clarification about the 8cfr regulation that is mentioned in the revocation notice. i think regulations are also available online at the govt. printing office (gpo.gov) web-site.
 
No Title

May be I\'m a little off beat here; but is it ok to use some one else\'s Labour Approval for you?

Thanks,

Sri
 
No Title

I heard some one use this same way to get hiw GC. His Lawyer filed his LC and I-140 at the same time. I have no idea at that time. Now I understand the trickyyyy... It\'s lucky IIO did found the probelm.
 
No Title

Sripos,
Yes,
It is perfectly OK to use some one else\'s I140 approval as long as the area of experience of the second candidate is exactly same as the previous candidate. I saw a I140 approval of X being used for another candidate Y.
This happens when the first candidate X resigns from the company that filed I140 then that company can use the approval to another candidate Y provided the experience is matching.
 
No Title

I think you mean the labor, not the I-140. I have seen labor approved for one being used for another, but not I-140 though. If I remember correctly, during I-140 stage INS evaluates your credentials vs. the approved labor and decide the preference category (EB2, EB3 etc...).
 
No Title

Hi all,

Thanks for the clarification...

gchopeful1, don\'t worry, I think it is a clerical mistake or some thing... Please get a good lawyer and we all will pray for you...

Please keep this thread alive...

Sri
 
No Title

gchopeful1,
Things will be good for you soon. Keep calm. Baiscally it is your
company\'s (and the half-baked lawyer\'s ) mistake to have guided you
and others to have the LC mix-ups. The approved Labor Certs can be
used as a replacement for others and I can never dream it to this
extent. When recruiting that company might have given you sweet news
saying that they have pre-approved LCs which you can use to file
I-140.... and get your GC faster..

Dont worry.. things should be fine for you. You may be able to reopen
this case and the wait time will be that of the new I-140 approval.
That should not be a big burden.
 
No Title

I think the essence of the problem is that INS assumes that when someone\'s labor is being substituted then the original person is no longer being offered a position in the company and someone else is taking his/her place. Probably they have an automatic system (a software or something) that goes and revokes all approvals for the person.

Your case is unique. Even though you are being substituted that is not because you are no longer required by the company but because you are, in turn, filling someone else\'s place (person X). This requires some explanation and I suggest you get a VERY VERY GOOD lawyer. Someone who\'ll be prepared to take it to the court finally if required.

Don\'t worry. Your case is genuine and there is no fraud. You\'ll get the denial revoked. At the worst you may have to go to court.

Hope this helps
 
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