I-140 denied and my attorney filed federal lawsuit

[fire_hs]

Hi Murthy readers and senior members,

My EB2 , I-140 has been denied.

My case so far : Worked in company A and filed under EB3. Got a new job and changed to employer B and tried to file EB2 and used did the retaining of priority dates.

My Eb2 case was denied , reason was "Employer does no control Empoyee's job" , which is incorrect and bogus. So my employer and attorney agreed to file lawsuit against CIS.

Does anyone gone through this process ?? any timelines ? any success rate ??

Please let me know further, I am very anxious on my case.

Thanks,

G

[elvis]

could you tell us more about your case.Did you receive any RFE before 140 was denied?

Was the reason for denial just stated the above statements or was there some more info.

Personally i have not heard this kind of reason for denial but was curious are you working on a EVC model?

[fire_hs]

I received RFE on 3 things

1. Employer - Employee Agreement

2. 2 months Pay stub

3. Employer-Vendor agreement

we provided the pay stubs, Vendor Agreement (not vendor-client agreement) and Employer-Employee Agreement (2 pages which stated the terms and conditions of employment).

The denial reason was clear saying "Employer does not control Employee's job". We went for Premium process and YES, we are working on Employee-Vendor-Client model.

Any further thoughts..?

thanks in advance

[fire_hs]

any attorneys,, please respond

[duvasi]

My I 140 also denied based on employee - employer relationship stating that my Employer does not control over me (Employee) and it was denied in 6th year last month of my H1B. then i filed i 290b (motion to reopen/motion to reconsider) on sep30th 2011 to keep my labor in valid status and transferred my H1B to get my 7th year extension with new employer. my 1 290b is still in initial review status..once if i get my i 290 b approved ,planning to port my priority date to new i 140 with new employer..

[Attorney_15]

The issue of employer-employee control is bleeding into the I-140 context from the H1B context. USCIS is unlawfully interfering with the role and responsibility of the Department of Labor. The Department of Labor's certification cannot be questioned by USCIS at the I-140 stage and that is exactly what the USCIS is doing when it raises such questions. The Murthy Law Firm has also seen such cases and is in the process of fighting them as well.

[fire_hs]

Thanks Attorney_15, what would you recommend ?

1. Go Ahead with the Law Suit

OR

2. File new I-140 for the same Labor (with some solid documentation which proved employee-employer relationship) or

OR

3. Start a new Labor application?

Thanks in advance

[fire_hs]

Attorney_15, Can you please reply to my case ?

THanks