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EB-1C i140 Denial after RFE

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  • EB-1C i140 Denial after RFE

    Hello Everyone,

    As you guessed from the title, a month back I received denial of i140 Filed under EB-1C.

    History of my case is as below:-

    >GC application was filed on mid of last year.

    >Received my EAD early this year

    >Received RFE on i140 by April

    >Responded to RFE by May , got FedEx acknowledgement of the reception of the response docs sent by employer to USCIS.

    >A month back, i got the email notification that i140 is denied and rejection reasons are stated on the mail sent.

    >Waited for 3 weeks to get the update from my company's immigration team.

    This is how it is stated by the immigration team's email "USCIS was incorrect in denying the I-140 for failure to respond to the RFE issued" and the team filed a MTR to the i140 rejection, as they have evidence for the reception of the document by USCIS.

    As per threads which I have read in many forums, I understand MTR's usually don't come positive to the petitioner. In this case, I don't understand a reason why the RFE response document failed to reach the concerned team / case adjudicator .
    If any of you had knowledge of a similar case , could you please guide / enlighten me with your thoughts on what would happen to the MTR raised for this case ?

    Thank you in advance for your response.
    Dj

  • #2
    Your employer will get a quicker resolution to the matter by filing a new I-140 petition - addressing all those concerns raised in the RFE - rather than waiting for AAO to adjudicate an MTR
    Last edited by inadmissible; 09-25-2017, 10:00 PM.

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