Reusing labor from appealed I-140

M

marooti

Registered Users (C)
Hi all,
My I-140 got denied in October 2004 (3 years BS degree, Comp.Sc.). I had appealed for MTR and its been sitting at AAO since Dec '04.
Now, my lawyer got an exact similar case approved and she was saying that NSC is now relaxing some rules about education. Then she said that she will look into the possibility of reapplying for a fresh I-140 on the basis of same LC (because of which my 140 got denied). Is this doable ?? She is also not 100% sure yet.
The decision at AAO takes more than a year, sometime 1.5 year. And there is a good chance that the decision could be negative because I have heard education related issues are difficult to get approved. Therefore, if my denied I-140 case goes on at AAO, without any discontinuation, then this could be a nice move from my lawyer. Also, I am not sure if the 2nd I-140 is approved then will it tie back to my I-485 because I filed concurrent?
 
I see that this thread has been viewed 94 times but no replies !!!
UN can you throw some light on my issues?
Thanks-
 
United Nations,
My sincere apologies to you and everyone if you thought I hid some information from you all. I could not give my lawyers name because she was my company lawyer and my employer did not want her name to be made public (probably because our company is not into immigration lawy practice). Otherwise I would be more than happy to share any information that might be even tiny bit helpful.
Also, I have posted all my information in H1 forum and have also responded to some people for 7th year extension as and when I found time.

Thanks once again UN for your valuable response and I am extreemly sorry once again.
 
I feel so much better now.
unitednations said:
Marooti, sorry for being a little harsh.

I think you should go ahead and re-apply on same labor. People are having success.
Click to expand...
 
GURU - Light on these issues

Hi unitednations,

I saw your suggestions and comments in various places in this forum. I appreciate your help to our community and it seems like you have more accurate info and you are the "GURU".

I have couple of questions, I think these will help others also.

1. How to get the copy of Labor certificate filed with DOL or USCIS
I asked my employer to send me the copy, they never sent it to me and also they always escaped.

2. How to know Labor Certificate is substitute or not?
When I was unaware of substitution thing, I blindly believed my employer. They applied labor under different skillset and said it is easy to get labor approval for that skillset. I am suspecting that might be a substitution.

3. Are there any AC-21 successful cases with out I-140 approval.

4. In what grouds (faults) we can sue the employer. Couple of examples.

I appreciate your quick and positive response.

Thanks.
 
Hi UnitedNations,

Thank you for your response, you are awesome !!!

I want to elaborate a little bit more on my 4 th point.

4. In what grouds (faults) we can sue the employer. Couple of examples

If the employer doesn't pay salary regularly (monthly or bi-monthly), that means late payments, paying whenever he gets money from their clients, etc.

what are the chances we can win if we sue them (Salary Harassment) ?

Are they at safeside as long as they are paying min wages what they mentioned in Labor certificate ?

Also, it is illigal to pay H1-B visa holder on hourly rate and showing that in pay stub?

Thanks for your time in advance.
 
I know how it feels to be cheated by someone. Nevertheless it is usually not a good idea to sue an employer because most of them that cheat take advantage of the situation of the visa dependency factor of the employee and are genarally careful with paperwork. It might be hard to build a convincing case with all the proof in order to win or get what you want.

It is probably better to bite the bullet and move on with finding a better employer.
Labor department is just like the USCIS or any other government agency when it comes to investigation let alone taking action.

Just my two cents.
 
When there is no guaranty the payments from employer and he is holding last 3 to 4 months salary, what is the best approach to get that salary quickly (Legally or any otherway)
 
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