My I-140 got Denied After 180 days of my I-140 and 485 applied: DIFFICULT SITUATION

[gcard9999]

Filed (140 with preapprovedlabour 2004 Nov ) on July 1st TSC and after (in Aug 2007) filed 485/EAD/AP (for this same pre-approved labour I-140) and got approved EAD/AP for self and spouse . But now I-140 got Denial in February 2008.

Current Status: After 6 months of my I-140 and 485 applied (180 days completed already) I got my I-140 Denied on February 2008 (still waiting for deniel cause letter to reach to attorney) . Current Status: Denial Notice Sent

FINDINGS:

I'm facing the same problem as same discussions as at:

http://www.immigrationportal.com/showthread.php?t=265490

My question A:

As I applied my I140 with pre approved labour (PD Nov 2004)
Can I re-apply I140 with same original labour ( 180 days completed) ?

Question B: What are possible options?

Option 1:
File MTR (motion to reconsider) in case if denial letter tells reason of IAP for company .

Option 2:
Keep my current labor (not pre approved labour, it is fresh labour) which is I already applied one year back (not yet approved , still waiting) and later apply I-140 after labour got approved (with loosing priority date).

Option 3:
Join new employer and have him file LC,H1B and later I-140 and continue I-140 with old employer. After got I140 and approval, join the old employer.

Option 4:

Change the current employer with good terms.. and ask him to continue GC (after answer all the queries from all Denials from TSC for I-140 and say to employer as: I'll come back to your company after my I140 approved and 485 got current status and got EAD approved through you(As my current EAD got invalid after my I-140 denied) . In this case I have to find another Job with H1b sponsership.

Option 5:
Best possible options which you may suggest with my above conditions.

Please advise for all above options one by one by assuming you have this problem (treating as if you were in my situation ) and it's advantages and dis-advantages as this info. helps lot of other victims like me in this critical job market sititations with land of opportunities with land of problems.

Please advise, your advise is greately appreciated.

Thanks,
One of GC Victim.

 

[dryheat]

I'm not an Indian, and many on this board are not.

File MTR/Appeal as soon as possible so you don't lose your 485 and get out of status.
Are you still on H1? What year?

 

[manwithnoname]

Correct, this forum focuses on the issues related to the entire immigrant community and not a particular country.

Now for your questions:
A: No. Labor substitution has been phased out.
B:
1. What's the reason for denial?
2. That's the safest option.
3. You need co-operation from the current employer so that he does not revoke the I-140 and provide you the necessary documents.
4. Similar to previous one.
5. Obtain the reason for denial - file an MTR based on that. Otherwise pursue the pending LC.

 

[gcard9999]

Thanks appreciated all for your valuable advises in my critical situation.

That's right, this is for entire immigrant community and not a particular country.
Sorry about that I mis-understood.

As per your advises, I'll try to file MTR and pursue the pending LC which is already filed
on Feb 2007 on EB2 basis.
I'm still waiting for I140 denial letter . I'm on 3rd year of H1B have 3 years time left on h1b.

Again, thanks appreciated your help.

Thanks.