I 140 was denied


Estrella

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Hello,

About a week ago, I recieved a denial of My I -140 Immigrant petition of a Alien worker. My petition was denied based on the following: 

The petition was accompanied by the notice of filing that the petitioner attest was posted from May 20, 2016 through June 10,201. As the petition and the accompanying application for labor certification were filed on June 21,2016, the notice was not provided between 30 and 180 days before the filing the application. Therefore, the petition is not accompanied  by a proper application for labor certification,  and the petition must be and hereby is denied.

The notice was post May 20 in the break room and was file on June 21...this is 31 days correct...why is my application denied? Please help me understand. Shall I appeal or start the process from the beginning. I seriously clueless. Please help!!

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  • 4 weeks later...

When was your application packet that you/lawyer/employer sent to USCIS post marked? As it is just 31 days like you mentioned so you must have sent out the documents before 30 days notice period was over. Also if you have a copy of the application packet do check if there was any mistakes on the form, where USCIS got the June 10 date from.

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