Subst LC (EB2).
The original LC was lost. So filed for 140 (not concurrent) in 2003 with a copy of the LC.
RD: Feb 10th 2003.
First RFE: came in may 1st week, 2003, on companies Tax returns for the last 3 years and a letter from the company that they didnt use the LC for anyone else, responded by june last week.
second RFE : (received on aug 15th 2003)
1. Asking for original LC as the letter from company said that the LC was not used for anyone till now. Attorney replied in the response that INS should contact Labor dept for a duplicate copy per the below regulation.
( http://www.workforcesecurity.doleta.gov/foreign/faqsanswers.asp#perm12 )
2. My sponsoring firm is a small firm, so INS dug out all the H-1s that the company had till now and asked why the firm had so many H1s (close to 40) compared to only 15 working right now. So they asked for a detailed list of who joined when and who left when and positions. This has been compiled and passed on to attorney.
3. Whether the beneficiary (yours truly) is on-site or with company project and if on-site proof ..so the RFE response included the copies of the last 2 client contracts.
(response to second RFE sent and received at INS on oct 30th, deadline was Nov 5th 2003).
Denial Notice received on 01/31/2004.
It basically said the classification of the 140 requires a original of the Labour certification, which is not there and hence is denied, you may not appeal on this.
It also said, in the response to the second RFE you mentioned that USCIS should contact DOL for duplicate of the LC, but since USCIS did not loose it, we cannot request DOL ..(or something to that effect).
This fundamentally means the above DOL link, which says that DOL can be requested for a duplicate by INS applies to only those LCs which have been lost by INS/BCIS/USCIS and not if the Employer or Attorney looses it. Is this TRUE ??
Can this case be revived at all ?? Is there any hope ?
Or is this an open and SHUT case?
My WAC: wac03101*****
The original LC was lost. So filed for 140 (not concurrent) in 2003 with a copy of the LC.
RD: Feb 10th 2003.
First RFE: came in may 1st week, 2003, on companies Tax returns for the last 3 years and a letter from the company that they didnt use the LC for anyone else, responded by june last week.
second RFE : (received on aug 15th 2003)
1. Asking for original LC as the letter from company said that the LC was not used for anyone till now. Attorney replied in the response that INS should contact Labor dept for a duplicate copy per the below regulation.
( http://www.workforcesecurity.doleta.gov/foreign/faqsanswers.asp#perm12 )
2. My sponsoring firm is a small firm, so INS dug out all the H-1s that the company had till now and asked why the firm had so many H1s (close to 40) compared to only 15 working right now. So they asked for a detailed list of who joined when and who left when and positions. This has been compiled and passed on to attorney.
3. Whether the beneficiary (yours truly) is on-site or with company project and if on-site proof ..so the RFE response included the copies of the last 2 client contracts.
(response to second RFE sent and received at INS on oct 30th, deadline was Nov 5th 2003).
Denial Notice received on 01/31/2004.
It basically said the classification of the 140 requires a original of the Labour certification, which is not there and hence is denied, you may not appeal on this.
It also said, in the response to the second RFE you mentioned that USCIS should contact DOL for duplicate of the LC, but since USCIS did not loose it, we cannot request DOL ..(or something to that effect).
This fundamentally means the above DOL link, which says that DOL can be requested for a duplicate by INS applies to only those LCs which have been lost by INS/BCIS/USCIS and not if the Employer or Attorney looses it. Is this TRUE ??
Can this case be revived at all ?? Is there any hope ?
Or is this an open and SHUT case?
My WAC: wac03101*****
