We were recently retained at the I-140 Appeal stage for an I-140 denied on grounds of fraud/willful misrepresentation. USCIS denied the I-140 citing inconsistencies between the ETA 9089 job requirements, the advertisements, and a subsequent letter sent by petitioner with an RFE pertaining to the job requirements. Due to what USCIS termed as "material inconsistencies," the I-140 was denied on the grounds that the labor certification submitted was gained through fraud or willful misrepresentation of a material fact.
USCIS confirmed that all I-140 petitions filed concurrently with an I-485 application for adjustment of status are to be filed with the Dallas Lockbox, unless the I-140 is accompanied by a request for premium processing, Form I-907. Concurrently filed applications that include a Form I-907 attached to the I-140 should be filed with the NSC or TSC, depending on the location of the petitioner.