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
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
