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Subsequent filing of I-140

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  • Subsequent filing of I-140

    Is a subsequent filing of I-140 for the same labor certificate after the I-140 denial accepted by the INS or not?

    If I get a I-140 denial will INS accept re-filing of I-140 based on the same labor certification?

  • #2
    Is a subsequent filing of I-140 for the same labor certificate after the I-140 denial accepted by the INS or not?

    If I get a I-140 denial will INS accept re-filing of I-140 based on the same labor certification?

    Comment


    • #3
      Maybe first find out why the original I-140 was denied before re-filing it. What did the attorney say?

      Comment


      • #4
        Company has been in loss for 6 years (0$-68K$) and I have not been paid a prevailing wage - 20K less as self-employed.

        Do you know if such types of cases are being approved?
        Every small company shows a loss or very low income.

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        • #5
          On personal note you might think of looking for an alternate job. The company pays you less than the prevailing wage is not an ethical practice. I know it's not easy especially one that will file a green card for you. The loss however might be a way of tax benefit. The INS doesn't look at it that way. Since your company is not financially sound, it's unlikely that they can provide a long-term employment to you.

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          • #6
            The problem is that I have a job as long as I find it on the Internet - it is so called a sub-contract for my company that appears to be a third party.
            In addition my company's attorney expired my visa and I am out of status having a good job and tough I-140.
            I am afraid to ask other companies to hire me when I am out of status when I am under an umbrella of 245i only with my old LC.
            That is why I ask whether after the first I-140 denial the fight with INS is over or I can re=submit for the same LC.
            My attorney does not tell me anything about a status of my green card and chances of approval of my I-140. He probably wants to abandon my case.
            I do not want fight with attorneys but with INS.
            Can anybody help? I cannot pay a lot for lost cases.

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