i140 application not accepted


Recommended Posts

Hi,

My i140 petition was rejected by USCIS. My attorney told me the following.

The reason for the rejection is that a valid Labor Certification was not included in the I-140 Petition. Please know that our team did in fact include a valid Labor Condition with the petition. In March of this year, USCIS issued guidance explaining that they would accept scanned original signatures of electronic copies of the certified Labor Certification. Per this guidance, a valid Labor Certification was properly submitted. Accordingly, the rejection here was an error by USCIS. Our team will be refiling the I-140 Petition and will include a note to USCIS to not reject the filing based on their own guidance.

While the attorney is going to refile the application, my PERM which was valid during previous application has now expired. So my question is , will USCIS reconsider my application since the rejection was an error on their part and the PERM has expired in the due course of time and was valid when the i140 was filed.

Following are some details.

a. My PERM expired in mid of July this year.

b. My first i-140 petition was files in first week of July.

c. The refiling was done in 1st week of September.

Can someone please provide guidance on how my case is likely to proceed now ?

 

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...