I-140 Labor Sub with Copy of Labor Cases

hellogc_2006 said:
Hi Slkrk!
Then, you are waiting for too long. I hope you get you I140 cleared in next few months. But I'm not sure about one thing. When you applied with copy of LC, why do they request the original from DOL? Did you/USCIS lost your original labor?

My attorney told me that, they need to get original LC from another service center (CSC) since USCIS already have this original LC with them when my company applied earlier I140 with orginal LC. Not sure how much time this would take for these type of cases since external agency is not involved here and it is withing USCIS.

Please let me know your case details.


Best of luck..
Thanks!
Click to expand...

Thanks..Based on the response that I got from Senator's office request is USICS is requested LC copy (I believe original one) from DOL and that is why my case is pending.

Since we do not have any letter stating that they are waiting for this, my attorney says we should wait for USCIS to respond to their inquiry.

I hope it gets approved soon man..I am really tired of waiting for I140 with out proper information.

my case details:

Eb3 (dub labor)
I140/485: Applied on 04/22/05, Waiting for approvals
FP (Code3) : completed on 05/13/05, but message is not updated
2nd EAD: AD 04/2006
2nd AP: AD 11/06
 
form ETA 750A column 13, 14 & 15 are as follows:

13. Design & develop software applications using C, C++, Unix.

14. Education: Master's Degree
Field of Study: CS, / EE, CE,
Training: None
Experience: Job offered: 2 years or Related occupation: 2 years
Related occupation: Software Engineer/Programmer

15. Special Requirements: None Specified.

So 2 years experience should be in what are?
1) Skills mentioned in column 13 which is C, C++, UNIX? but that is job to be performed?
or
2) 2 year experience in Related occupation which in this case is: Software Engineer/Programmer
 
slkrk said:
Thanks..Based on the response that I got from Senator's office request is USICS is requested LC copy (I believe original one) from DOL and that is why my case is pending.

Since we do not have any letter stating that they are waiting for this, my attorney says we should wait for USCIS to respond to their inquiry.

I hope it gets approved soon man..I am really tired of waiting for I140 with out proper information.

my case details:

Eb3 (dub labor)
I140/485: Applied on 04/22/05, Waiting for approvals
FP (Code3) : completed on 05/13/05, but message is not updated
2nd EAD: AD 04/2006
2nd AP: AD 11/06
Click to expand...
Any update from any one the I140s filed using LC copy?

Mine is still pening though the ones in received in end of june getting approved.
 
Placed an inquiry on my pending I140 today and they said that i should hear in next 30 days. Hope I get some good news before that.
 
Question on filing concurrent I-140 & I-485

hellogc_2006 said:
Placed an inquiry on my pending I140 today and they said that i should hear in next 30 days. Hope I get some good news before that.
Click to expand...

My lawyer told me that we cannot apply for concurrent I-140 & I-485 if we do not have original certified labor copy. Today I just found this thread and after reading this thread, I am confused. She also sent me this link where it clearly states that we cannot apply for concurrent filing if we do not have the original: http://www.foreignlaborcert.doleta.gov/pdf/perm_faqs_3-20-06.pdf .

Could you please let me know if this rule is recent where we cannot apply concurrently or can we apply? Thanks in Advance:

----
PD Apr 2002
labor certified Oct 11 2006
Waiting for the certified labor of copy
 
ssp123 said:
My lawyer told me that we cannot apply for concurrent I-140 & I-485 if we do not have original certified labor copy. Today I just found this thread and after reading this thread, I am confused. She also sent me this link where it clearly states that we cannot apply for concurrent filing if we do not have the original: http://www.foreignlaborcert.doleta.gov/pdf/perm_faqs_3-20-06.pdf .

Could you please let me know if this rule is recent where we cannot apply concurrently or can we apply? Thanks in Advance:

----
PD Apr 2002
labor certified Oct 11 2006
Waiting for the certified labor of copy
Click to expand...
ssp123!
I think your case needs a duplicate labor certificate because the original is lost at your end or you are applying with a copy of labor for which USCIS lost the original labor. If the original labor is missing (doesn't exist with you or USCIS), then you can only file I140 though the priority date is current.

If the original labor is used in an earlier I140 filing and your case filed using copy of that labor and requesting USCIS to withdraw the original I140 and use that labor on your case, then you can file concurrently. My case is filed this way.

If original labor already there with you, you don't have to worry and can apply concurrently and apply I140 in premium processing too.

Thanks!
 
hellogc_2006 said:
ssp123!
I think your case needs a duplicate labor certificate because the original is lost at your end or you are applying with a copy of labor for which USCIS lost the original labor. If the original labor is missing (doesn't exist with you or USCIS), then you can only file I140 though the priority date is current.

If the original labor is used in an earlier I140 filing and your case filed using copy of that labor and requesting USCIS to withdraw the original I140 and use that labor on your case, then you can file concurrently. My case is filed this way.

If original labor already there with you, you don't have to worry and can apply concurrently and apply I140 in premium processing too.

Thanks!
Click to expand...

Thanks for the reply. I do not have the original labor certificate since neither attorney nor employer received it. I do not know whether USCIS ever sent the letter or not?. Online status shows the case is certified since October.So, What is my option? Just apply for I-140 under regular processing and wait for the letter ?

One more question : My friend is in similar situation, She is filing for I-140 regular processing requesting duplicate copy of LC but she is using sub labor.
Her H1 is expiring in Feb 07, Can She get 7th year H1 extension based on pending I-140 ? Many thanks in Advance.
 
Last edited by a moderator:
If my I-140 is applied based on substitute labor, do I get the priority date of the pre-approved labor or is the priortity date the date when I-140 is applied. Please let me know.
 
fillet2649 said:
If my I-140 is applied based on substitute labor, do I get the priority date of the pre-approved labor or is the priortity date the date when I-140 is applied. Please let me know.
Click to expand...


Priority date of the pre-approved labor.
 
ssp123 said:
Thanks for the reply. I do not have the original labor certificate since neither attorney nor employer received it. I do not know whether USCIS ever sent the letter or not?. Online status shows the case is certified since October.So, What is my option? Just apply for I-140 under regular processing and wait for the letter ?

One more question : My friend is in similar situation, She is filing for I-140 regular processing requesting duplicate copy of LC but she is using sub labor.
Her H1 is expiring in Feb 07, Can She get 7th year H1 extension based on pending I-140 ? Many thanks in Advance.
Click to expand...
What is my option? Just apply for I-140 under regular processing and wait for the letter ?

Yes. I believe if you happen to get the original after applying I140, you can send it to USCIS

One more question : My friend is in similar situation, She is filing for I-140 regular processing requesting duplicate copy of LC but she is using sub labor.
Her H1 is expiring in Feb 07, Can She get 7th year H1 extension based on pending I-140 ?

Do you mean that LC already used before for I140 filing? Any case, I don't think she can extend H1 based on this LC, but I would suggest her to talk to her attorney. If I140 is applied 1 year back and still pending, then I think she can extend H1
 
ssp123 said:
Thanks for the reply. I do not have the original labor certificate since neither attorney nor employer received it. I do not know whether USCIS ever sent the letter or not?. Online status shows the case is certified since October.So, What is my option? Just apply for I-140 under regular processing and wait for the letter ?
Click to expand...
If your priority dates are current, opt for consular processing option while applying for I-140. Once approved, copy of I-140 approval would be sent to NVC and later to appropriate consulate. In most of the cases, adjudication time for CP cases is 6 months. However if you decide to pursue AOS (I-485), you could always do that and you would have nothing to loose in that case.
 
if you submit original LC copy when you substitute you can do PP right ? thats what is given in CIS website
 
mad4gc said:
if you submit original LC copy when you substitute you can do PP right ? thats what is given in CIS website
Click to expand...

If you are refering to Original and not copy, you are right.
 
hellogc_2006 said:
Hi gcpursuer!
Did you reply to your rfe? Any updates?

Thanks!
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We just responded to the RFE and the online status says to expect written decision within 60 days.
Any ideas how much time it is taking for them to make a decision? Also they may need to request the original LC from other SC.
 
gcpursuer said:
We just responded to the RFE and the online status says to expect written decision within 60 days.
Any ideas how much time it is taking for them to make a decision? Also they may need to request the original LC from other SC.
Click to expand...
Yes they need to request the orginal LC from other SC. If you have provided the I140 case# which was initially filed with the original labor, then that would be easy for them to locate. Where was the first I140 filed with the original labor? If it is at NSC, it may be fast too.

My first I140 filed in CSC. And also I don't know whether my name check clearance is effecting my I140 though some one replied that it shouldn't.

Thanks!
 
Labor Sub with original and PP

Hello all the gurus and experienced out there:

Did any one go for Premium Processing for I-140 with approved labor substitution and original of the certified labor cert ??

If so , did they give out their decision in 15-days ??

I am in that boat now and would like to use this option instead of filing for I-485 concurrent processing?

TIA
gbsp
 
hellogc_2006 said:
Yes they need to request the orginal LC from other SC. If you have provided the I140 case# which was initially filed with the original labor, then that would be easy for them to locate. -- the I-140 case and its revocation notice was sent.Where was the first I140 filed with the original labor? -- I don't know.
If it is at NSC, it may be fast too.

My first I140 filed in CSC. And also I don't know whether my name check clearance is effecting my I140 though some one replied that it shouldn't.

-- How to find if there is a name check delay? Since they sent an RFE on company details, does it mean that my name check is cleared?
Thanks!
Click to expand...
 
I took an infopass appoinment and talked to an immigration officer. You can schedule an appointment in uscis website (www.uscis.gov and 'Infopass' link should be there on left side after scolling down).

But I don't know whether sending RFE mean name check is cleared. I leave it to some one else to answer.

Best of luck.
 
gbspxbox said:
Hello all the gurus and experienced out there:

Did any one go for Premium Processing for I-140 with approved labor substitution and original of the certified labor cert ??

If so , did they give out their decision in 15-days ??

I am in that boat now and would like to use this option instead of filing for I-485 concurrent processing?

TIA
gbsp
Click to expand...
Yes, You should able file with PP since you have original labor certification. Substitions using original labor certificate are allowed for premium processing.

All the best..
 
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