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I-140 Denied - Query about Appeal

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  • I-140 Denied - Query about Appeal

    My I-140 got denied. This is a labor substitution case. I got an RFE on Dec 10, 2008 and we send a response on Jan 20, 2009.

    The denial letter said this:

    "On December 10, 2008, this office requested evidence of the beneficiary's work experience and a copy of the labor certification with the new Beneficiary information and signatures.

    On January 20, 2009, the petitioner responded by submitting the requested work experience evidence and a copy of the same labor certification submitted with the I-140 petition, without the substituted beneficiary's information and signatures."

    My lawyer was very confident that she indeed send Form ETA 9035 with new Beneficiary (that will be me) information and signatures back in 2007. She also told me that she attached a copy of ETA 9035 along with RFE response in January 2009. Even then INS denied my application with the reason being "not being able to submit new beneficiary information and signatures". My lawyer kept saying that may be INS has misplaced. I don't know whom to believe. INS misplacing 2 times the same document (that's bizarre).

    Couple of questions:
    1) Do we need to fill new ETA 9035 form with beneficiary information and signatures or is it ok for us to send INS again the copy of ETA 9035 that we already have?
    2) My lawyer doesn't want to fill a new ETA 9035 form. Instead she wants to send same documents that we send along with RFE? Will that help at all?

    I appreciate your feedback on this.