Very tough RFE - plz help

[wtg4gc]

Hi Friends,

My GC journey suddenly had a halt with the following 140 RFE.

I have applied my GC based on Labor Substitution (VSC/EB3/485/140/EAD/AP) in Nov 2004. The labor belongs to an old employee who left the company using AC21 portability after his 140 approval. As soon as he left out, my company said to me that they filed cancellation of his 140 and told me that they would use the same labor for my process.

When I was applying my GC, we were not aware of that his 485 is approved. My GC was filed just before 3 weeks of his 485 approval. Now, USCIS sends RFE saying that 485 has been approved for the original applicant.

I want to know what is the USCIS Policy on approving substitution cases where 140 has been cancelled but 485 is approved based on AC21 for the original applicant.

Here is the chronology
Apr 2004 - his 140 is approved later he left the company and immediately 140 cancellation was applied.
Oct 2004 - his 485 is approved.
Nov 2004 - my case is filed.
June 2004 - Received RFE.

Please advise me.. what to do now?

Thanks in Advance
wtg4gc

 

[ChinnaKmm]

If the original applicant GC approved then that LC is considered as used and cannot be used for any one. In your case your substitute LC is considered as used. Find out your company has any LC's left to use for your case and replace it.

Second option is you can argue with USCIS that Original person left the company before his GC approval, in that case same LC can be used to 2 people. There is only 50-50 chances on this.. you can try..

Hope this information will help you.. If you find any additional information please post here that way it will be useful for fradulent employer's victims..