140 :Labor Substitue Case with RFE Approved.....

S

sniyer

Registered Users (C)
Hi All,

I was happy to hear the magic words on the Automated voice message at vermont. Here goes the details.

Working with company A on H1. Sponsoring company is company B based on future employment. They had a labor which they had done for another employee

140 filed in Oct24, 2001 at California. WAX- 01-033-5***** EB2 (Masters with three yrs or bachelors +5 yrs). Labor was approved in June 2001.

Transfered to Vermont on Nov 10, 2001 ( No one knew why they did that) I live in virginia and the sponsoring company /job is in california.

RFE received on Feb 11,2002- for company financials, labor substitute person\'s resignation letter, company finanicals at the time the person quit, present financials, proof showing that the position is still open
Luckily they did not ask for my educational evaluation or progressive experience. I did have a masters + 5 yrs experience during the time of filing.

RFE replied on March 24th, 2002 - giving all details. submitted the previous employee\'s resignation letter and a letter from company saying that the same position is still open. all finanical info etc was also submitted

Approved on April 01, 2002 ( i called up the number only today and so i came to know abt it)

I am really relieved. This is the second attempt in filing 140. If u are interested my details of the first attempt is below.

I know how it feels to get it to this stage ( the second time). I pray for all others to get ur approval asap.

Any questions pls let me know... i had very low odds on this approval as
1. it was based on future employment
2. it was a labor substitute
3. i had an RFE...

But thank god... it went thru.

**** first green card details****

My first green card process ended unfortunately after 140 got approved. actually my sponsoring company got liquidated after 140 was filed. There was nothing that i could do but restart the green card process. now i found out that the attorney may have helped me going further with an amended 140 since the successor company was willing to help me with paper work.. but i did not want to take that risk and spend all the money in something which was not worth it.
 
Congrats

Congrats sniyer . At last you got it. This gives hope to other people
 
Congrats, ...

Could you explain what extra step you have taken for the "based on future employment" - is it b/c salary or job title?

Thks
 
Congrats sinyer ... I have a question..

Sniyer,
Congratulations..
I have a question. Is your company already has Original LC(that u used for your I-140)person\'s resignation letter? If not how did you manage to get resignation letter of Original LC person?
Because I filed my I-140 using substitute LC from VSC under EB2 one month back. I am wondering how to face this type of query if my company doesn\'t have the Original person\'s present details ?.

Thanks for sharing your experience. I think you might have gone thru sleepless nights???? Finally nice to hear good news

Thanks
 
nothing to worry abt

My Company had the original LC with the same attorney through whom i had filed. so the original was with the attorney.

in any case, a copy of it is okay.. \'cos when u file, u send only copies.

Resignation letter : that was a coincidence. but my future employer had an archived email and we just printed it out and a separate letter from the company stating that the person resigned on xxx date etc.

if the resignation letter is not present, dont worry. the company shd just give a letter saying that the person remained on pay roll, designation etc from xxx date to xxx date.

Good luck with ur case
 
no extra step

i am working as a project mgr with company A. but sponsoring company has filed on sr software engineer.

no need to have the same title, salary now. only at the time of interview or after approval u shd have a similar kind of job ( responsibilities) and similar salary ( need not be the same).. my attorney said that the salary shd not be very much different. small differences are okay
 
RFE details

RFE received on Feb 11,2002- for company financials, labor substitute person\'s resignation letter, company finanicals at the time the person quit, present financials, proof showing that the position is still open
Luckily they did not ask for my educational evaluation or progressive experience. I did have a masters + 5 yrs experience during the time of filing.

RFE replied on March 24th, 2002 - giving all details. submitted the previous employee\'s resignation letter and a letter from company saying that the same position is still open. all finanical info etc was also submitted
 
No Title

Thanks sniyer for giving the details about your RFE

Are you going for CP or 485? Congrats once again.

Thanks
Virginia Boy
 
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