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vallabhu
06-23-2009, 01:08 PM
Long story short ,

My i140 applicationfor previous labor application with priority date 2004 June was denied
Our company applied for a new labor from scratch with priority date 2008 September we got the approval in May and we applied I140 on June 1st and yesterday we received a notice saying this I140 will be kept in abeyance until a decision is taken on previous I140 and two options are withdraw the appeal or withdraw new I140.

according to my knowledge if we applied for I140 using same previous labor USCIS can keep the I140 in abeyance but not on new labor.

Did any one experience this kind on issue previously?

desi3933
06-23-2009, 01:25 PM
Long story short ,

My i140 application for previous labor application with priority date 2004 June was denied. Our company applied for a new labor from scratch with priority date 2008 September we got the approval in May and we applied I140 on June 1st and yesterday we received a notice saying this I140 will be kept in abeyance until a decision is taken on previous I140 and two options are withdraw the appeal or withdraw new I140.

according to my knowledge if we applied for I140 using same previous labor USCIS can keep the I140 in abeyance but not on new labor.

Did any one experience this kind on issue previously?

What was the reason for preious I-140 denial? Ability to Pay?

If the reason for denial is employer related, then it can effect other I-140s filed by the same employer.


_________________
Not a legal advice.

vallabhu
06-23-2009, 02:17 PM
No its not ability to pay, I have three year degree the initial labor stated required qualification as math Major and 3 year degree accepted. and they argued mine is not a math major as i have three different subjects in Bsc.

new application we changed that and added any combination of sciences is accepted.

ganguteli
06-23-2009, 02:28 PM
Oh no. You are in mucho grande problem. Take a frozen burritto and hit the person who prepared your application with it. It was common sense to get the degree requirements right. Were they inexperienced?

You have lost your time, money and sleep for someone's mistake.

Better_Days
06-23-2009, 02:47 PM
Long story short ,

My i140 applicationfor previous labor application with priority date 2004 June was denied
Our company applied for a new labor from scratch with priority date 2008 September we got the approval in May and we applied I140 on June 1st and yesterday we received a notice saying this I140 will be kept in abeyance until a decision is taken on previous I140 and two options are withdraw the appeal or withdraw new I140.

according to my knowledge if we applied for I140 using same previous labor USCIS can keep the I140 in abeyance but not on new labor.

Did any one experience this kind on issue previously?

I have a similar case. My first I-140 was filed in EB3 and was denied as my 3 year degree was not considered equivalent to a 4-year degree. I filed an appeal with AAO and started the process from scratch. At that time I had received my second bachelor and was enrolled in a Masters program.

The 2nd labor was in EB3 also and was approved. A few month ago, my I-140 was approved and USCIS automatically linked it with my pending 485 and this happened without the dates being current. You can search my previous posts to see more detail.

Hope things work out for you.

vallabhu
06-23-2009, 03:41 PM
Hi Better_Days , Thanks for your reply Was your I140 applied while AAO was pending or was it applied after AAO decision was taken.

Did you have to with draw your AAO appeal for i140 to be processed.

vallabhu
06-23-2009, 03:52 PM
Hi Better days,

i have sent you a private note.

Better_Days
06-23-2009, 04:52 PM
Hi Better_Days , Thanks for your reply Was your I140 applied while AAO was pending or was it applied after AAO decision was taken.
I140 was applied while the AAO was pending

Did you have to with draw your AAO appeal for i140 to be processed.[/QUOTE]
Nope.

vallabhu
06-23-2009, 04:54 PM
Hi Better days,

Thanks for the reply , that information helps, we will reply to them saying this is different labor and hence needs to be adjudicated and cannot be put in abeyance.