Two I140's used same labor.. RFE.. Serious

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ChinnaKmm

Registered Users (C)
Hi,

I received RFE from VSC on my I140 which was approved 20 months back and on EAD now.

Came to know that, same LC used for different person same time and his 485 got approved.

We sent response to send more details about the RFE.

Questions:
1. What will be the usual Response time for this kind of response?
2. Since my my underlying LC used by some one got GC, then GOOD chance to get my I140 denied and Pending I485/AD/EAD denied.
WHAT ARE MY OPTIONS? I am on EAD Now and over 7years of H1B

3. Can I find some labor from my company and substitute in my I140, does it work?

4. Find another company using substitue and file for fresh I140/I485/EAD, it might take 3 months min to get EAD? Does this work?


Please help with your ideas..

If any had success in doing, please let me know..

Any good attorney to suggest?
 
Did you complete 180 days on I-485 when you left the Company? If Yes then you will be covered under AC21, Even if the Employer Revoke and Use the I-140 for other person.
 
I am with the same company.. problem is already the other person's GC got apporved.. So the Labor I used will become used and cannot be used for my case.
 
questions:
Can employer file a labor substitution by using the labor for which I140 is already approved?
Can he revoke the approved 140 and use the underlaying labor for another I140?
I was thinking.. once I 140 is approved the underlaying labor is use less Am I wrong?

Employer need to attach original labor to I 140 right? so one can not file multiple I 140s based on one approved labor?


If I 140 is approved and you file for I485 ., can the benificiary change employer before 180 days based on new AC21 updates?
 
My I-140 denied for the same reason

My I-140 was denied, the reason being, the labor was already used. Subsequently my I-485 was also denied. My company says, the guy already left the company before his I-485 approval, so technically the labor can be used. We have appealed and the appeal is pending. I hope it goes thru'.
 
I think employer has to revoke original I-140 application before he applies for new I-140 application on sub labor.
 
GotSickofGC,

You can help me out in getting some information. I think I am in same situation as you.

Do you have any link or place where I can read this rule? (Same LC can be used if the person left the company before GC approval).

I appreciate if you could share this information. Also if you post your case details it is really useful for me.

Thanks
 
ChinnaKmm,

>You can help me out in getting some information. I think I am in same >situation as you.
You are in a better situation than me, My 140 and 485 got denied but you got only RFE. And you also have your 140 approved, don't worry too much.

>Do you have any link or place where I can read this rule? (Same LC can be >used if the person left the company before GC approval).
Sorry, I dont' have any link. But my attorney says they have something like that and we have made an appeal. I am searching the net for past 3 months, did't see anywhere.
 
gotsickofgc,

Appreciate for your response.

My I140 was approved long time back(2 years) and now got a RFE saying "Intent to Denial" on I140. We responded USCIS for additional information(Name of other person who used same LC), It is almost one month now. I am expecting Denial letter any time. So I will get denial on 485 and EAD.

If I get denial in next week, I will be in your situation. If that is the case I can argue with USCIS just like you.

Contacted couple(5) of attorneys no one has mentioned about this rule that you are talking. Could you refer me to your attorney Or Is there any way I can reach you for sharing information(You can reach me at chinnakmm@hotmail.com)?

Was there any success case before from your attorney's office?
Appreciate if you could respond..
 
Last edited by a moderator:
I-140 on Same Labor.

One of my friend who shoped for labor ... recently found out that the employer has applied for few I-140 on the same labor approval. all used PhotoCopy. Now many months have passed since applied .. the employer claims all in past got approved and he should be ok.

They are working on this following logic... since all are concurrently applied.

Person A -- Gets I-40 -- uses AC21 and emp withdraws the 140 .. A is safe.
Person B -- Since A is withdrawn ... he gets 1-140 uses AC21 and emp withdraws his 140 to give it C...

May go seemless for a while.

Now he is wishing that he would be lucky if he gets approved the first among his pack....
 
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