Urgent & complicated - Labor Substitution

mvnm00

Registered Users (C)
I have a typical case and thought of sharing with all the experienced Immigration Gurus.
My company had a pre approved labor. This approved in 2001. The attorney's office was part of world trade center tragedy (9/11) and due to this all paper work for the approved labor was lost except for approved labor document (1page) that has alien's name, company name, file# and alien's occupation etc...
Last year the labor was used as substitue for one employee 'A'. This emloyee's I-140 was approved recently. He filed with the only available pre approved labor document and then his own education documents and his 140 got approved. However he didnot file his I-485. For some reasons he left the company. Now my company said i can use this Labor. I took all the I-140 documentation of 'A' to a new attorney. He has seen everything and he says that he is not comfortable for substitution bcoz of the missing ETA 750A & ETA-750B forms.
The Attorney is not at all comfortable in filing for I-140 without seeing the profile of the Approved Labor document as he says, after filing for 140, if for some reason 140 gets denied or RFE then i will be at loss. I agree with him
He doesnot have a profile to match and compare except for the approved labor document from NY DOL. Now iam already in 7th year extension and i badly need it.

1. Can i request DOL for the copies of ETA-750A & ETA-750B of the pre approved Labor and mention them that the documents were destroyed in the WTC tragedy?
2. Can i use the profile and skillsets of employee 'A' whose 140 was approved to match mine and use it to file for 140? What are the chances of approval / rejection?
3. can i use the approved I-140 of 'A' as substitue for myself and file for I-485? One of friend said this is possible but i never heard of I-140 substitution...
4. What are my other options, if any?

Please give me your valuable opinions.

Thanks
MM
 
See Inline....

mvnm00 said:
1. Can i request DOL for the copies of ETA-750A & ETA-750B of the pre approved Labor and mention them that the documents were destroyed in the WTC tragedy?
... Usually DOL rejects this kind of request but you can try. Also check following link:
http://boards.immigrationportal.com/showthread.php?s=&threadid=92365


2. Can i use the profile and skillsets of employee 'A' whose 140 was approved to match mine and use it to file for 140? What are the chances of approval / rejection?
... Just make sure you match 100%

3. can i use the approved I-140 of 'A' as substitue for myself and file for I-485? One of friend said this is possible but i never heard of I-140 substitution...
... No

4. What are my other options, if any?
... Better option would be to file I-140 and at the same request USCIS to sub-LC.


Please give me your valuable opinions.

Thanks
MM
 
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