I140 Denied - Original Labor Certification

[lakestone]

Hi,

I am in a peculiar situation and would take any help provided.

My 140 petition was applied with an approved LC (NO Substitution). There was an RFE on my case claiming that my case was a substitution and they requested for the original LC. My lawyer responded that my case was not substitution and my original LC was already filed along with my 140 petition. Now CIS has denied my case claiming that my original LC was not submitted on request and given us an option to file a new 140 with the original LC (that we need to request DOL to provide).

My question is:

1) Can i file an MTR/Appeal; if so on what basis can I file?

2) Can i file a new 140 considering the new rule that LC expires after 6 months of certification (LC Certified in April 07).

Please suggest.

Thanks

[lazycis]

If you are confident that the lawyer submitted the original labor with the application, file MOTIC/MTR, especially if I-485 is pending as well. The lawyer should've submitted the labor again instead of saying that it was already sent. Not your fault. MTR, however, may take longer than filing new I-140. So keep that in mind.

[lakestone]

How will the lawyer be able to resubmit the Original LC considering he has already done it...He is suggesting an MTR (what is MOITC?)

2) Is a new 140 allowed considering my labor has expired. I don't care about my 485 as much as i want to ensure i am in status...

Thanks very much for all the responses.

[lazycis]

Originally Posted by lakestone

How will the lawyer be able to resubmit the Original LC considering he has already done it...He is suggesting an MTR (what is MOITC?)

2) Is a new 140 allowed considering my labor has expired. I don't care about my 485 as much as i want to ensure i am in status...

Thanks very much for all the responses.

The lawyer could've gotten a certified copy of LC from DOL. It's strange that the USCIS could not locate the original LC.

Your company should file I-290B (notice of appeal/MTR/MOTIC).
I do not think you can use expired labor for a new I-140, but it worth a try. You can appeal and file new I-140. If I-140 is denied, I-485 is denied automatically and you are out of status if you do not have H1.

[123Wait]

Originally Posted by lakestone

Hi,

I am in a peculiar situation and would take any help provided.

My 140 petition was applied with an approved LC (NO Substitution). There was an RFE on my case claiming that my case was a substitution and they requested for the original LC. My lawyer responded that my case was not substitution and my original LC was already filed along with my 140 petition. Now CIS has denied my case claiming that my original LC was not submitted on request and given us an option to file a new 140 with the original LC (that we need to request DOL to provide).

My question is:

1) Can i file an MTR/Appeal; if so on what basis can I file?

2) Can i file a new 140 considering the new rule that LC expires after 6 months of certification (LC Certified in April 07).

Please suggest.

Thanks

I see a lot of post like approved i140 getting denied. This looks scary to use EAD/AC21.

Since i do not see anybody around me in such a situation, Sometimes these kind of posts makes me to think that the poster might be owner of a consulting company and trying to scare us by posting such a post.

lakestone, Are you in h1 / EAD? when did you file 485 and how big is your LC company?

[lakestone]

I work with a company which is over billion dollars in revenue..I am currently on H1 and I want to assure you that this is not a scare..

Also one learning i have gotten is not to relinquish your H1 status for EAD/AP unless absolutely necessary. H1 can definitely act as a safety net in such situations.

Awaiting feedback from the lawyer on the next course of action

[EndlessWait]

any idea how long will MTR take?

[lazycis]

Originally Posted by EndlessWait

any idea how long will MTR take?

Approx. 14 months for EB2/EB3 according to the USCIS.