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I-140 denied whats next?

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  • I-140 denied whats next?

    Hi All,

    I've been in the process of sponsorship for green card via labor certification.

    My labor got approved in the end of March 2018. Filed for I-140, I-765 and I-485 on June 1st. Got an RFE for I-140 within 3 weeks.

    Responded to RFE in the beginning of September and on September 11 got a response that my I-140 denied. Have a few questions about the situations:

    1. I-765 was approved prior to the denial and I'm currently working using my working authorization, my lawyer said that working authorization is still valid until I'm getting a letter saying its revoked along with the I-485, payroll company claiming I need to get off payroll now, what would be the right answer? I tried googling but couldn't really find a clear answer.

    2. We have an option to appeal the I-140 denial but my lawyer said the chances are slim and I shouldn't do it. Basically the denial happened because they said we didn't prove the company can pay me the amount I got evaluated for, the reason for that is that the corporate has a few sub companies and the company that the sponsorship is filed from is not the one to generate the revenue, the revenue is generated from additional company and the payroll is also paid using those funds. We tried explaining it in the RFE but they didn't accept the explanation. The lawyer said the appeal will go to the same officer and we don't have a lot of additional arguments therefore she wouldn't recommend to appeal, does someone here thinks differently? Also according to her even if we file the appeal, my EAD will get revoked within a few months.

    3. I read there is an option to file another I-140, perhaps it would be possible to present things differently and it could also go to a different officer, would this be something reasonable to do in this situation? Still didn't get my lawyer's input on this one.

    4. Any suggestions about what could be done next? My lawyer said my experience and education is good but I just need to find a new company and do the whole process from scratch. Anything else I might consider in this situation? I also read that filing one labor after another might not be so good.

    Many Thanks in Advance

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