My 140 got denied based on ability to pay and my lawyer had appealed but they didn't accept the appeal saying we didn't reply within the time frame, but we did reply in time but there was a mistake in the check. My lawyer has already sent a letter saying that we did appeal within the mentioned(6 days before) time frame. So far no reply from the vermont service center, meanwhile my lawyer is saying that we cannot re-apply I-140 with the same labor(substitute) when an appeal is pending. Can someone please tell me is true? your help is greatly appreciated.
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Re-apply 140
- Thread starter Mashurs
- Start date
If you think re-applying is imminent, you could go ahead with a "copy" of labor certificate (as long as no other I-140 has been approved using that) so you don't loose time - don't know how precious or worthless this time is going to be with all the new memos and regulations going forward.
Once USCIS picks up your case for processing, worst case they might issue a RFE seeking original certificate - or just approve (i know a couple of cases which got aproved with copies of Labor Cert).
Once USCIS picks up your case for processing, worst case they might issue a RFE seeking original certificate - or just approve (i know a couple of cases which got aproved with copies of Labor Cert).
Mashurs said:My 140 got denied based on ability to pay and my lawyer had appealed but they didn't accept the appeal saying we didn't reply within the time frame, but we did reply in time but there was a mistake in the check. My lawyer has already sent a letter saying that we did appeal within the mentioned(6 days before) time frame. So far no reply from the vermont service center, meanwhile my lawyer is saying that we cannot re-apply I-140 with the same labor(substitute) when an appeal is pending. Can someone please tell me is true? your help is greatly appreciated.
Hi Mashurs
As my lawyer said if we reapply the I140, they will not give any status on this. they will wait till the appeal case comes up. if you can give your personal contact number or email we can discuss more.
Sorry to hear that. My first I-140 was rejected due to the screw up that my lawyer did with the paper work and not responding within the time period.
They told me the same and they have to re-apply second labor. If you have all the papers and details, contact Sheela Murthy, they will help you better and tell you the best way to go further. You need to spend few hundred dollars for consulting fees, but it will give you a big relief to go further. I did that myself and I am glad that that I did.
------------------------
First Attempt - EB2 - RIR
-------------------------
Labor ND: 02/01/2001
Labor AD: 03/23/2001
I-140 ND: 07/18/2001
I-140RFE: 11/01/2001
Rejected: 12/11/2001 (Education mismatch/Atterney Screw-up)
Second Attempt - EB3 - Non RIR
-------------------------------
Labor RD: 01/31/2002
Labor AD: 05/15/2003
Semi-Concurrent
I-140 ND: 06/30/2003
I-485/EAD/AP ND: 12/22/2003
EAD AD: 04/21/2004
AP AD: 04/28/2004
I-140 AD: ????????
FP RD: 09/07/2004
I-485 AD: ????????
They told me the same and they have to re-apply second labor. If you have all the papers and details, contact Sheela Murthy, they will help you better and tell you the best way to go further. You need to spend few hundred dollars for consulting fees, but it will give you a big relief to go further. I did that myself and I am glad that that I did.
------------------------
First Attempt - EB2 - RIR
-------------------------
Labor ND: 02/01/2001
Labor AD: 03/23/2001
I-140 ND: 07/18/2001
I-140RFE: 11/01/2001
Rejected: 12/11/2001 (Education mismatch/Atterney Screw-up)
Second Attempt - EB3 - Non RIR
-------------------------------
Labor RD: 01/31/2002
Labor AD: 05/15/2003
Semi-Concurrent
I-140 ND: 06/30/2003
I-485/EAD/AP ND: 12/22/2003
EAD AD: 04/21/2004
AP AD: 04/28/2004
I-140 AD: ????????
FP RD: 09/07/2004
I-485 AD: ????????