Missing original ETA 750 for Labor Substitution

Same problem here

140 RD - April 09 (EB2 substitution case with a copy of original labor - staff engineer - MS + 3 year exp.). Original 140 was withdrawn before it was approved.

Did 2 inquiries. In response to the 2nd one, USCIS said they are waiting for the original labor. Who knows how long they will take
 
Hello everybody,

I was applied on a Pre-approved labor in April 2004 on the basis of a Photo-Copy.The Original LC is Lost.

There was no I-140 filed for the Original Beneficiary as he was fired soon after his labor approval.

VSC Sent the first RFE for Original Labor and the lawyer wrote back that USCIS has to ask for the same directly from DOL.(Sep 2004)

Accordingly USCIS raised another RFE in Dec 2004 with DOL ( Philadelphia Office) for the DOL. I have already raised query two times and got the info that VSC will send the demand to the DOL again.

I know that time taken for Response from the DOL office differs from location to location.

Any Information,how much time Philadelphia Office takes to furnish the Certified Copy? Any success stories in involving the Senators and/or Congressman.I have done the same with the local congressman in Pittsburgh.

Regards
 
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Noticed elsewhere, copied it here..

give_gcforall said:
Friends,

I wanted to share the news that my I-140 has been approved today. Good luck to all who are waiting (especially those with LC substitution and who applied with copy of LC). My details are below:

Original LC - EB2 (Self): Filed Sept 2002...still pending
Filed EB3: 140/485/EAD/AP using copy of subs labor - Jan 2004
PD on substituted labor: June 1999
(there was a 140 approved on the LC which was being substituted) - original beneficiary had left the company after 140 approval.
1st EAD/AP approved: 04/2004
FP: 04/2004
2nd EAD/AP: applied 02/2005...awaiting approval....
I-140 AD: 04/01/2005
I-140 LUDs: 01/10/05 - due to inquiry??, 03/31/2005 with no msg change, 04/01/2005 approval message
No RFEs.
I-485 AD: ???


Good Luck to all waiting....there is definitely light at the end of the tunnel. Hang in there....You will see your approvals soon.
Click to expand...
 
Hello Everybody,

My I-140 finally got approved on 04/05/05. My Case was of Labor Substitutuion and had a lot of issues, like lost original LC, and possible Educational mis-match and i was very apprehensive. Finally those apprehensions have been proved false.I got to know through the Local Congreemans office that my papers were dispatched 0n 03/16/05 and that VSC has resumed adjusication on my case on 03/28/05.

For all those who are awiting their approval, Just hang in there , do not loose Hope and things would work out just fine.

Regards.
 
Finally a ray of hope

Posted in another thread of CSC BY 'tiredofins' ---- There is some hope for the 'missing labor file' guys like us. I am hoping that I am next in line - waiting from April 2002 , filed just 1 month after 'tiredofins' i.e. this approval.

As Posted by "tiredofins"
"My - 140 and 485 got approved after a long long time.
Just wanted to share the good news with you all. My I-140 got approved after more than 1150 on last thursday. It was a substitution case and INS was not approving with the reason that tey are waiting for the original labor from US consulate in Chennai. 2 months back contacted one of the US senator from California and probably that made the difference.
The I-140 approval notice was sent to my attorney. The online still shows the old massage. Next day I got the I-485 approval for both me and my wife in the mail. I thank all of you for all the help and information. If yours is yet to be approved, please hang on and I wish you all the best.
Thank you.
__________________
Raman
I-140 RD- March 2002
1st RFE responded July 2002 (Company's financial)
2nd RFE responded May 2003 (All my W2s)
485/EAD/AP RD - Dec 2002
EAD& AP approved - June 2004
I-140 and I-485 - Pending.
Filed for 8th year H1B extension. "
 
heartiest congratulations!!! enjoy your freedom

railpra said:
Posted in another thread of CSC BY 'tiredofins' ---- There is some hope for the 'missing labor file' guys like us. I am hoping that I am next in line - waiting from April 2002 , filed just 1 month after 'tiredofins' i.e. this approval.


Can you please let us know how to contact senator..in what cercumstances it's entertained?



As Posted by "tiredofins"
"My - 140 and 485 got approved after a long long time.
Just wanted to share the good news with you all. My I-140 got approved after more than 1150 on last thursday. It was a substitution case and INS was not approving with the reason that tey are waiting for the original labor from US consulate in Chennai. 2 months back contacted one of the US senator from California and probably that made the difference.
The I-140 approval notice was sent to my attorney. The online still shows the old massage. Next day I got the I-485 approval for both me and my wife in the mail. I thank all of you for all the help and information. If yours is yet to be approved, please hang on and I wish you all the best.
Thank you.
__________________
Raman
I-140 RD- March 2002
1st RFE responded July 2002 (Company's financial)
2nd RFE responded May 2003 (All my W2s)
485/EAD/AP RD - Dec 2002
EAD& AP approved - June 2004
I-140 and I-485 - Pending.
Filed for 8th year H1B extension. "
Click to expand...
 
wishing good luck to everyone

I know it is toooooo early but anything I need to be prepared with ? (because I filed with a copy of the original LC)

LC PD 06/06/2001
140 withdrawn for original applicant on 06/19/2003
EB3 substitute labor - 140 filed with copy of LC
I140 RD 04/07/2005 ND 04/12/2005 LUD 04/13/2005
I485 RD 04/07/2005 ND 04/12/2005 LUD 04/13/2005
EAD RD 05/16/2005 ND 05/20/2005
AP RD 05/16/2005 ND 05/20/2005
 
Good News!

Finally, I received the magic emails. Both 140 and 485 approved !
My case was EB3 sub with "copy of labor" since the original labor was used by someone earlier in the company (who then left before 140 was approved).
Such cases normally take a really long time, and I had a long discussion with the lawyer about it. ( He was predicting anywhere from 1-2 years ).

Anyways, the emails are here and that is all that matters.

Thanks everyone for this wonderful forum, and a special thanks to Mr Rajiv Khanna !

I just posted this same message on the "December 140/485" forum since my ND was in december.

==
porga
EB3/Sub (with copy of labor)
140/485 ND - 12/08/04
140/485 Approved on 05/31/05
Original labor was applied for on 8/13/01, dont know when it got approved
==
 
Finally!!! I-140 approved after 2 years!

Got a message from the attorney that my I-140 has been approved. It had been a loooong wait...nearly 2 years. My case is a LC sub. filed with the copy of the labor. Attorney kept inquiring with CSC for more than 8 months now but always got a response back saying that they were still waiting for the "original file". An RFE was finally issued in April but lawyer will not reveal the RFE details. After the RFE response the approval was within a week's time. Also, got the EAD & AP approvals immediately after the I140 approval. EAD & AP were put on hold because of the I-140 issue.

Below are my details.

I-140 RD: 06/23/03
RFE Issued: 04/08/05
RFE Responded: 05/16/05
RFE Response recvd.: 05/20/05
AD: 05/25/2005

Thanks to this forum for all the help. Moving on to the I-485 thread...
 
140 approved after 3 years 2 months

Finally its my turn too. My 140 (RD April 2002) has been approved on 6/13/2005. Got the emails and online status also changed. Moving on to 485 - Name check/retrogression etc. This forum has been very helpful in keeping up my spirits. Best of luck to you all. There is always light at the end of the tunnel.

I did approach USCIS Ombudsman , local congressman in the last 3 months. Don't know which one helped.

My details are

140 RD/ND April 2002.
485 RD/ND Sept 2002.
140 amended for company name change in sept 2002.
First finger prints in Nov 2002.
140 approved but reverted back to pending state in Nov 2003 (very strange)
RFE on 140 in Apr-May 2004. Asked for everything under the sun , i.e. originals of degrees/diplomas, work ex lettersin different formats and insisted that all originals be submitted and would be returned after verification.
EAD/AP approved in Sept 2004.
Tonnes of LUD changes.
AND FINALLY APPROVAL.
 
congress man

Hi Railpra,

My case is exactly same as yours(labor copy) and waiting for I140 for almost two years.

I am also planning to contact congress man, can you please send me the format of the letter that you have used for your case. That will really help me.

thanks
kar123

I140 - ND August 2003 - Pending (waiting for original ETA of the labor)
I485 - ND May 2004 - pending
 
Contacting your congressman

kar123,

I did this to contact my congressman. Went to http://www.house.gov/writerep/ , gave my zip/state and it redirected me to my local congressman's website. There was a form in that website which I faxed to his office. You can get your congressman's website in the same way and if the website does not have a form call them for what info/format they need. I have moved from CA since filing and hence my NC congressman may not be able to help you. However I found that most congressman's websites are similar and navigating through the Services-->Help with a Federal Agency of the website would take you to the USCIS related forms. I am sure your local congressman has the same thing.

I also mailed a letter to CIS Ombudsman in DC , The link to that website/form is in the hom page of this website. You can use the same form/format for congressman also.

Best of luck.
 
On the same boat, 15 months on I-140, still waiting

I just realized my I-140 is stuck for the same reason of this thread.
Eb3 Subs. Labor, I-140 RD 3/31/2004. Only one LUD on 3/16/2005 and
nothing else. Nada. No replies to lawyer's 4 recent inquires. I faxed a petition
with a congresswoman to inquiry last week. Probably the answer would
be my case is waiting for the original ETA 750.

I checked my docs, and saw the LC I am using has PD 9/11/1998.
I-140 for that fellow was approved and he was apparently doing CP at
Chennai. That's his I-140 approval notice says. It may take long time to
find that file.

Meanwhile I am just about to file I485 before June 30th so that I might
be able to get an EAD.

nsi.
 
nsi - don't count on the EAD. You may or may not get it till 140 is approved. Worth trying, but don't make plans based on approval of it within usual EAD processing timeframe (ie, 90 days etc)
 
Hi talkative,

You are right. I am not counting on it. Regardless, all paper work is ready and
the lawyers are filing 485's in a day or so. At least we would get a receipt.
 
letter from congressman: what does it mean?

Out of desperation, I also asked my district's congressman to inquiry my
I-140 EB3 Subs. labor case. I got a letter from the congressman:

"I contacted the CIS on your behalf and was notified that your file is in
transit for consolidation. Once your complete file is in the hands of the
reviewing officer, the CSC anticipates that it will be another 4 weeks before
a decision is made."

My labor was from a precious employee whose I-140 was approved and
he was going to do CP in Chennai.

Does this mean that they finally found the original LC, or simply still searching
for it?

Notice the recent LUDs in my I40, it may be due to this inquiry.

Thanks,
nsi.
 
Only ETA 750 part B is lost.

Hi to Everybody!
My I140 was filed with substituted Labor Certificate in June 2005. My company filed Original ETA 750A but for some inexplicable reason 750 part B got lost. In August 2005 RFE was received asking for ORIGINAL 750 part B for the former employee whose Labor Certificate is used for me. My company is absolutely sure that it was sent with I140 application. As the result I am in the same boat as you guys.
Does anybody know what documents are required for Labor Certificate substitution?
Does 750 part B for former employee required?
Actually my previous employer used my ETA 750 for another person without sending my original Part B. They still have my original ETA 750 part B on file!

Does anybody know how to find the status of the case?
I checked on http://www.immigration.com/frame/usciscasestatusservonlinefr.html
and the state was:
"On October 6, 2005, we received your response to our request for evidence or information. It is taking between 90 and 485 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case."

Does it mean that they found all docs or it just doesn't mean anything?
Thank you,
 
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nsi - any news on your 140 yet?

nsi,

Any news on your 140 yet? I have also filed through sub. LC, but I filed in June 2005, god knows how long a wait it is going to be for me!!!

Thanks,
RagsGC.
 
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