Erroneously Rejected I-140 Petitions Should be Re-Filed at TSC
Posted Aug 12, 2005
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The Texas Service Center (TSC) erroneously rejected some I-140 petitions during July and early August 2005. These cases were filed based on previously-approved labor certifications (LCs) that had used the Form ETA 750 rather than PERM labor certification Form ETA 9089. The filed cases were erroneously rejected by the mailroom contractors and returned to the petitioners. The TSC has corrected this problem and trained their contractors to accept I-140 petitions that used the ETA 750A forms. Previously rejected I-140 petitions should be re-filed immediately. This problem could have occurred if mailroom contractors were told that the labor certification form was changed to ETA 9089, but not instructed clearly that cases using the old form were still valid for previously-filed LCs.
©MurthyDotCom
When cases are rejected by the mailroom, they are returned in their entirety, including the filing fee checks. They should have a notice on top indicating the reason for rejection. Regardless, if it is unclear why a case was rejected, it is best to consult with a qualified immigration attorney, who can analyze whether a case was properly or improperly rejected. In cases where the filing date can be critical, such as for maintaining status, an attorney may be able to obtain a receipt showing the original filing date, since the error was caused by the USCIS Service Center.