Documentation required for I-140 with Substitute Labor

Q

quesgc

Registered Users (C)
Hi All
Can any one of the gurus give me the details on the documentation that is required for I-140 with substitute labor.
My attorney says we have to fill out an ETA and submit it along with I-140 petition, but I learned from another source (different attorney) that it is not required.
Apart from this there are lot of other conflicting advices from this guy(attorney).
Can any of you give me some details on all the documentation required with I-140 petetion.

Thanks in advance
-quesgc
 
Thank you unitednations. Atleast I can start with something from here.

Can I get an advice on applying for I140/485 concurrently? I am hearing from people that as this is substitute labor its better to apply for I140 and wait for its approval and then apply for I485.
What will be the benefit in doing this other than that the fee for 485 will be saved if 140 got denied (this was the reason I got from couple of attorney's)
 
Concurrent I-140/485 or not ?

Hi Unitednations

So what do you suggest ... on the quest to getting a GC without getting any RFE (and delaying the process) ... is it better to file concurrently or seperately ?


I am in the same boat - I am using a sub labor and want to file for I-140 and I-485. I am planning to do it with a time gap of a month (I-140 end of Nov, I-485 end of Dec) .... is it a good idea ?

thamks .....

PS - Let me tell you .... u are one of the brightest guys on immigration matters I have seen ... even attorneys are not this clever & informed.
 
Thanks again Unitednations.

In my case the guy for whom labor was applied initially had left the company after I-140 was applied and for sure that guy doesn't need this anymore.

So the original labor is with the I-140 petition, and my employer is willing to withdraw the earlier petition. Do I need to wait till INS sends back the earlier petition to get the Original labor or can I apply right away by attaching the copy of the I-140 reciept that was filed for the other guy.
In the other case how long will it take for the INS to send back if an I-140 is withdrawn and will INS send back the original labor?

FYI all this is in Texas center if this process varies between Service Centers.

Thanks in advance
 
unitednations,

the link you sent says ETA 750B is required as part of labor substituion,

but you kept this note in a previous post :
Note: you do not need to send in 750b of the substituted beneficiary to DOL only to uscis as part of the 140.

where did u get above information from?

is it contradicting
 
Thanks unitednations.

My 140/485/ead/AP papers were filed last week with labor substitution, but as per my knowledge i didnt sign any ETA750B form.

can the attorney apply directly ETA750B on behalf on me.

In case he missed filing that, can we send the ETA750B form to USCIS ahead, so that it wouldnt cause RFE/Delays at time of adjudication?

My attorney is on vacation could'nt reach him.

Please advise per your knowledge

Regards
KosmoKramer
 
Hi unitednations, please reply to my question (soon if you can).

My case is like this. An ex employee got his I-140 approved and he used AC21 clause to leave the company and apply for his green card. Now, my company wants to use that labor for me because my company is the one that got the labor approved. I read on some websites that this is possible and they used the term mitosis for this. Can you please let me know your opinion on this? Thanks a ton..
 
Thanks unitednations for the prompt and informative reply. I think our company sent the revocation letter and I-140 application separately. The revocation letter must have reached before the person got the green card. Now, I don't know how the process works. Hopefully, this means that he didn't get his card immediately (I have nothing against this person, hope he gets his card too, but a small wait won't hurt).

It took our lawyer a complete month after sending the revocation letter to file for the I-140. In the meanwhile, I don't know if the green card is approved or not. Does the date of filing of my I-140 matter in this case or the date of the revocation letter? Any case, even if its approved, the company still didn't benefit from its labor, right? So, can it still use the labor for me?

Other thing is the lawyer doesn't have the original labor cert because they sent it along with the original I-140, so they used certified copy for me.
 
KosmoKramer said:
Thanks unitednations.

My 140/485/ead/AP papers were filed last week with labor substitution, but as per my knowledge i didnt sign any ETA750B form.

can the attorney apply directly ETA750B on behalf on me.

In case he missed filing that, can we send the ETA750B form to USCIS ahead, so that it wouldnt cause RFE/Delays at time of adjudication?

My attorney is on vacation could'nt reach him.

Please advise per your knowledge

Regards
KosmoKramer
Click to expand...


So KosmoKramor:

I am in a position to apply for my I-140 with sub Labor now.... (I will be doing I-1485 a month later). I just wanted to know if you had to sign any papers while sending ur application ?

Also confirming one more thing - did you send any other papers apart from ur experience certificates and paystubs ?

- msd_gc.
 
Hi Unitednation

My I140 (labor sub) application using a copy of the approved labor was filed in 05/2004. The original applicants I485 application has been withdrawn as he got his green card thru lottrey.

Does it take longer time for USCIS to have a decision for these cases than I140 with original labor ? The current processing dates for I140 (Eb2) in CSC is 03/2004

Would applying for my I485 (before 140 is touched) help my application in any way ?

Thanks califdude
 
I140/485 processing in the Texas Service Center..please help!

Hi unitednations and other folks,
I have 2 questions for you. If one of you can one of you please clarify
that would be sincerely appreciated.
1. Does TSC stick to the recent
memo asking service centers to adjudicate I140 & 485 together if they
are filed concurrently? Or does TSC approve I140 first and then I485
based on the processing time. Won't this seriously affect AC21 portability
especially if I485 dates retrogress for EB3 applicants?

2.Also, if I use a substitute labor to file my I140 & I485, will TSC
consider the Substitute labor's filing date as the Priority date for my
I485 or will the I140 filing date be my Priority date.
Folks who have experienced this, can you please advise?

Regards..
 
unitednations said:
Well the revocation of 8 cfr, uscis is supposed to revoke "(C) Upon written notice of withdrawal filed by the petitioner, in employment-based preference cases, with any officer of the Service who is authorized to grant or deny petitions. "

I understand the logic of the company not receiving benefit of the labor. However, I have seen one posting of a person who got denied and uscis stated that the original beneficiary had already received the greencard. It would be interesting to see what would happen in the case where uscis takes some time to revoke the 140 and the person got greencard but the person got greencard after revocation request but before the actual revocation notice of uscis.

Your company must have the original 140 and 485 receipt # of the other person. You may want to get your company to look it up on-line and see what the status of his case is.
Click to expand...

Hi unitednations,

I was able to find out from my company about the ex employee's green card status. Here are the details. My company sent revocation letter on Aug 12th. His green card (I-485) was approved on Aug 30th. My I-140 is applied in September. Please advise me whether or not I should file I-485 now. I am in EB2 category, I have another labor pending in my name for H1 extensions, if needed, though its proceeding nowhere fast (in NonRIR). My company also said that if they apply I-485 now and if the I-140 gets rejected for any reason, then I will have to pay for any subsequent I-485. However, if I don't apply for I-485, I don't get EAD benefit for my wife. This looks like a complicated situation, but I will be really thankful for your advice.
 
Thanks for the advise, I think I will apply for it. I think lawyer advised the company to put this condition that I have to pay for subsequent I-485. I guess the lawyer is confident but not 100%.
 
I am in EB2 category, so I don't think retrogression affects me, right? But what will happen to my wife's 485? Is she also considered as EB2? Right now because of some delays, I may not be able to file 485 till beginning of next year. So, if the dates retrogress and if my wife is not considered EB2, it will be a problem for me. Many thanks in advance for the insightful answers.
 
My I-140 and I-485 got approved today. Got emails from USCIS website, will have to wait for physical card.

Thanks unitednations for your advice a while back, I just want to wish everyone in the forum good luck for whatever they apply for. I am really sure your perseverance will pay off. Just hang in there. The whole immigration process sucks big time, but can't do much to change it.

My original PD was in Sep 2001, labor is still not approved. But, I was able to take advantage of substitute labor.
 
Hi
I am with Company A. Company B has agreed to file my 140/485 based on a pre-approved labor. Do I have to be an employee of company B for 140 and 485 to be filed. if yes then is there any regulation regarding how long I should be an employee of company B before they can file my 140 and 485.
Thanks
 
nilekum said:
Hi
I am with Company A. Company B has agreed to file my 140/485 based on a pre-approved labor. Do I have to be an employee of company B for 140 and 485 to be filed. if yes then is there any regulation regarding how long I should be an employee of company B before they can file my 140 and 485.
Thanks
Click to expand...
Absolutely not. 140-485 is for future employment. You need not be working for them to get a GC. Although once you get your GC, you are supposed to join them and work for them atleast 6-12 months
 
140_485 said:
Absolutely not. 140-485 is for future employment. You need not be working for them to get a GC. Although once you get your GC, you are supposed to join them and work for them atleast 6-12 months
Click to expand...

These days ... looking at the USCIS pattern ... the chances of a RFE/rejectiong are very high on future employment.
 
Attorney Advice needed : Substitute 140 on existing 485 application

I have a 140 application pending and a concurrently filed 485 as well. I am now getting a job offer with my old company which has my own labor that just got approved . Can i use the existing 485 receipt , and attach it to the new 140 that I will file with my original labor application ?

any response greatly appreciated
 
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