I have filed for I-140 using labor substitution. I meet all the education and experience requirements of the approved labor as
on the required date (3yrs back) but the catch here is, I am using labor approval of a guy who is still working with me in the same group/company.
He had two labor approvals done - one from company A and this company was later brought over by company B and he got the labor approval done from company B too. He filed I-140 using company A's approved labor and he got a RFE indicating that he
was filing for EB2 and the job didn't require EB2 skills and the lawyer then, instead of replying to this RFE used his other
pre-approved labor that he had from company B to apply for a new I-140 which required EB2 skills, and which was then approved.
So, now my I-140 is being filed using the unused labor from company A for which the other guy got an RFE on his I-140 and mine is now being filed in EB3 which would be as per the required skills for the job.
My company is affected by soft economy, so I cannot file for new labor.
Do you guys think that there is any ray of hope, that my I-140 can get approved.
on the required date (3yrs back) but the catch here is, I am using labor approval of a guy who is still working with me in the same group/company.
He had two labor approvals done - one from company A and this company was later brought over by company B and he got the labor approval done from company B too. He filed I-140 using company A's approved labor and he got a RFE indicating that he
was filing for EB2 and the job didn't require EB2 skills and the lawyer then, instead of replying to this RFE used his other
pre-approved labor that he had from company B to apply for a new I-140 which required EB2 skills, and which was then approved.
So, now my I-140 is being filed using the unused labor from company A for which the other guy got an RFE on his I-140 and mine is now being filed in EB3 which would be as per the required skills for the job.
My company is affected by soft economy, so I cannot file for new labor.
Do you guys think that there is any ray of hope, that my I-140 can get approved.