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.
Discussion Topics, Thursday, November 14, 2019
FAQs:
Can H-1B lay off 60 days grace period be taken only once or can it be taken multiple times?
If one H1-B extension is filed and pending, can transfer to a new employer be filed? Is this safe?
If I move to H4 and my H4 is pending for approval, can an H-1B be filed? Is this safe ?
Procedure and time to get a green card for the spouse of a green card holder
Can we apply 2 H-1B transfers while my extension with same employer is in process with different client? If the extension is denied, will other two transfers will be denied?
AC21 portability before 180 days
OTHER: I have my I-140 approved and it has been over 6 months. If I change my job, do I need to go through the entire I-140 process again? || Withdrawing N400 || TN visa derivative for boyfriend || Naturalization, absence of 6 months || Using old H-4 visa stamp || L-1 amendment || EAD delays || F-1 visa stamping || Receipt lost