PP rejected on I140 - please comment

L

life2003

Registered Users (C)
My attorney incorrectly filed I140 in EB3 category when we got the labor approved in EB2 category. The application was filed in premium and they approved it only in EB3.

We then filed a second I140 in premium with the same labor and this time correctly requesting EB2. CIS rejected the premium request and said it would only adjudicate the petition in regular processing.

Did anyone have similar experience? Any comments/suggestions are welcome.

Thanks
 
You should have the original labor for doing premium processing which you would have already used for your first 140. You can't do permium without the original labor.

life2003 said:
My attorney incorrectly filed I140 in EB3 category when we got the labor approved in EB2 category. The application was filed in premium and they approved it only in EB3.

We then filed a second I140 in premium with the same labor and this time correctly requesting EB2. CIS rejected the premium request and said it would only adjudicate the petition in regular processing.

Did anyone have similar experience? Any comments/suggestions are welcome.

Thanks
Click to expand...
 
I am in the same boat. My lawyer messed up my case. My labor was approved as EB2 but they filed I-140 as EB3. Later on when they realized they filed second I-140 as EB2 with the copy of Labor. When we tried to premiom for EB2 case it got rejected. Right now there are 2 I140 in the system.
Please advise what option do I have. Would it screwed up my whole case.

Thanks for any comments
 
There is nothing you can do for a PP if you don't have your original labor. (I am at the same boat). First I140 gets denied due to mess up paperwork. Re-file and pending approval.
 
Can't first one be withdrawn. In your case when first one was rejected did the return the orignal labor. If yes and can you do the PP now.
I have one more question about I485. My case is concurrent. Now I have 2 I140 and one 485. If they reject the I140 what would happen with I485.

Regards
 
My I-140 was incorrectly filed in EB2 so its denied. I have found that USCIS will not return original labor. So I am planning to refile I-140 in EB3 with copy of labor and referring to the original labor in first application. Other option is ask USCIS to request labor from DOL. I heard both these options will delay the processing. Also heard that it is not advised to file I485 in such situation..what a mess!! I hate myself for trusting careless advise from my lawyer and not doing enough research in these forums.

It took me 5 years to get the labor and now all that seems waste!! In my view labor cert is the golden key so it should be wisely used when filing I-140.


Any thoughts on refiling I-140 w/o original labor?? Please share your thoughts.
 
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