Jackolantern and TheRealCanadian,
I have tried to reach in the last week to my old employer who sponsored my GC. I had no success in getting any documents.
However I found some softcopy documents in some old backups on my PC. As per the old documents of Employment and Security from the State of New Hampshire, one letter says that labor application is received on 08/31/2004 and Alien Employment Certification in RIR recommended for approval to US Deptt of Labor/ETA on 09/20/2004. As per this fact, labor got approved within a month.
I have tried to reach in the last week to my old employer who sponsored my GC. I had no success in getting any documents.
However I found some softcopy documents in some old backups on my PC. As per the old documents of Employment and Security from the State of New Hampshire, one letter says that labor application is received on 08/31/2004 and Alien Employment Certification in RIR recommended for approval to US Deptt of Labor/ETA on 09/20/2004. As per this fact, labor got approved within a month.
It's obviously true that no issues were encountered when they were submitted. But if the I-140 is EB3 India with a 2004 priority date, that is creating a big issue now.
You really do need to get your hands on a copy of the labor certification that was used for the I-140. I remain skeptical of the Aug 2004 priority date. If the I-140 says the priority date is Aug. 2004, that's probably a clerical error stemming from the labor substitution being requested in Aug 2004. When was the I-140 receipt date?
If the Aug. 2004 priority date is correct, that would indicate the occurrence of multiple unlikely events:
1. Labor certification approved within 4 months in 2004
2. Original employee abandons the process or is fired within that 4-month time frame, thus allowing you to use labor substitution
3. USCIS accepts your 3 derivative I-485s without current priority dates, then moves on to approve the green card and naturalization of one of those derivatives and doesn't notice any issue with the other two for more than 7 years
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