Used Labor substitution cheating?

laborsub

New Member
My company offered me a labor substitution for my Greencard and applied by I140 and I485 last year. But i didnt know the fact that this labor was already used by original beneficiary and got greencard approved before my I140,485 was applied.Now my I140,485 is rejected.

Is company liable for this rejection,and i feel its a fraud.give me some suggestions,if i can take an action?
 
Just to give the benefit of doubt to your employer, could it be that they have sent the wrong labor certification with your I-140 by mistake? In that case, ask your employer to correct the mistake by filing for a new I-140 (I'd recommend a new filing rather than opening an MTR etc., unless there is clear evidence that it was a mistake). Also, for your refiling, take help of a competent attorney like Rajiv Khanna and give him/her complete history of your case.

If they extracted some money or any other form of concessions in your remuneration based on the fact that they are applying for your GC with a substituted labor, please do report to USCIS about your employer, with any sort of supporting documentation.

Of course, other than saving other people like yourself from going through this sort of cheating by your employer, you would not end up getting anything out of this complaint. I hope you have enough time left on your H1B (at least an year) to start a fresh labor petition and file for H1B extensions later on if necessary.

Good luck.
 
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