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I-140 RFE - EB1 Executive/Manager

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  • I-140 RFE - EB1 Executive/Manager

    My company filed for my GC under EB-1 Multinational manager in late 2010. I got my EAD and AP but now I got RFE for my I-140.

    CIS has asked for a “detailed description of the job duties for the beneficiary’s immediate supervisor and subordinated employees listed on the Organization chart for the US and Abroad”.

    CIS has also asked for "beneficiary's I-129, Petition for a non-immigrant worker, for the petition filed on the beneficiary's behalf as H1B specialty occupation with WAC/EAC and supporting documents"

    While I provided all the documents relating to the detailed description of Job duties to respond to the RFE, the attorney came back indicating that the company has instructed to withdraw the I-140 on account of potential issues on the previously filed H1B petition. This withdrawal of I-140 was provided to me on the final date on which the RFE response was due.

    My feeling is the Attorney's office have done a poor job of due diligence as the RFE details and potential issues relating to earlier H1B filings were found 1 day before the RFE response due date and there was hectic to and from communication over phone and email to address the RFE even beyond normal working hours of the attorney's office; while for all my previous communication on phone and email I have never seen timely response.

    Also, I was not consulted on this withdrawal by the Attorney citing that the I-140 is in the purview of the Employer and that the employee (beneficiary) need to be consulted on the course of action on the same. This decision was taken after discussion with the company's HR alone.

    Would like to know possible recourse that I have at this juncture given that the Attorney's office has already withdrawn the I-140 application on the advice of the employer and I would potentially face similar issues when refilling.