I-140 Denied with employer eligibility to pay

[agunugan]

Hi Team,

My labor was approved in the month of may and filed for I 140 in EB2 with premium processing. Received an RFE for Employer eligibility to pay. My employer replied to at the end of september and i received the denial in the first week of october. and the reason for the denial when i asked my employer they claim its the eligibility to pay and also the USCIS complained that they found multiple I-140s filled on my case which is not true. My employer and attorney strongly believe that this should be a mistake and planning for an MTR. And my employer claims that attorney is going to fight this by escalating this with USCIS. And also re-apply but not in premium this time. I am still in my 4th year of my H1 status and i still have 2 more years of H1 which is already approved. i have below questions based on this.

 I  see three approaches here - MTR, AAO and reapply with same Labor(as my labor is still inside 6 months).

1. Can i proceed with MTR and reapply as well? Can they both be done at the same time?

2. As my attorney and employer strongly believe its a mistake from USCIS, how strong is my case? and is there something like escalation as my attorney claims? as per my research either you have to file an mtr or Appeal which will take indefinite time and no escalations, so is it worth waiting for it and stick to the same employer?

3. If at all i have an option to re-apply as well how are my chances of getting approval as the employer is always the same? and should i consider anything pro-actively in specific when i re-apply?

4. Considering the worst situation if both my MTR and Re-apply fails is there a point in starting the Labor process again with the same Employer? because there is nothing much changed when compared with my last I-140 filing which was denied. how much impact it would be on my future filings with the same employer?

5. Should i start looking for a better employer? will that be the best option i have? apart from MTR and Re-filing?