My I-140 was filed in July 2007 and was denied last week.
It's the first case ever get denied in the 30-year history of my office (Harvard affiliated cancer research institute)
The reason for denial is USCIS received only the photocopy of my LC/ETA-750 instead of the original.
My lawyer swear he filed the original and it's a "service error" from USCIS. My employer don't buy it because they believe there would be "missing document" instead of "photocopy" if the lawyer is telling the truth.
My lawyer said the only option for the "service error" with an expired LC is to appeal and extend the H1b based on the appeal. Refiling I-140 (without the original ETA750) is not possible.
My lawyer also claimed he will call the Texas service center to have someone "take a look" and maybe send the whole application back..(Is it possible?? or he just wants to come up with some excuse to cover his ass?)
1. Is it more beneficial for us to have another attorney handle the appeal instead of having my wife putting all the blame on USCIS? (for example: attach a copy of LC and say the previous lawyer lost the original and ask them to use the copy as substitute)
2. How long does an appeal case typically take?
here is the quote from the denial letter:
"according to the record, you filed form I-140 on July 25,2007. You submitted a photocopy of Form ETA 750, however, you failed to state that the original ETA750 was filed in support of a different petition. You did not, therefore, submit an original Form ETA 750, as is required. Since you have not provided all of the required initial evidence in support of the benefit sought, you have not established eligibility in the instant matter"
I only filed one I-140 with one LC.
Any input is greatly appreciated!!