Any known issues in Labor substitution cases

G

gcconfusion

Registered Users (C)
Has anyone come across any issues - major or minor - in labor substitution cases when I140, 485, are concurrently filed.

Did anyone get RFE's , if so , what kind and in which stage i.e. 140 or 485

Thx.
 
Not that I know of

I got my EAd and AP ontime. my 140 is pending. I don't think BCIS makes any distinction as far as 485 is concerned. Maybe u might get an RFE generated for ed eqv for 140. But with the current trend u sud consider urself lucky to get an RFE in 140.

HTH

-dyno
 
My Attorney said that Labor substitutions are taking longer time. Is this true?

Actually the processing time for EB3 is 10/10/2002, But I am seeing approvals for Jan/Feb cases . I filed in Jan 2003, concurrent, labor substitution but still pending.

Any thought Gurus?
 
Thatz BS

Your lawyer is just throwing crap at you. As far as I know there is no distinction between a regular and substitution case.
While doing LC sub make sure u do the edu eqv done before filing for 140. Also make sure that your skillset matches that of the approved labor's 750. Once that is done u should be fine.

If your lawyer takes care of all these and send it on time you wud not face any issues. But withe current trend of 140's with RFE getting faster approvals, you might just be lucky to breeze thru ur 140 if u get an RFE ;)

I had no RFE's (touch wood) for my ead, ap etc. I have done FP and waiting for 140 approval.

HTH

dynohttp://www.immigrationportal.com/showthread.php?threadid=85664
 
Last edited by a moderator:
I had an 140 RFE for my substitution case, My lawyer handled it but I think it was for the original complete labor ( initially only a copy of one page was sent ).

Substitution seem to get processed the same way others do - not fasted or slower in the 140 or 485 stages.
 
Thank you dynobuoy, jafa1 for clarifying that.
I too got my EAD ( March, 03), AP( March, 03) promptly.
 
Thanks a lot guys;

I did get an RFE at 140 reg. Co. financials, which had been replied to. It's been a month, but still I did not get my EAD and AP. The original ND for 140 and 485 was in mid May 03.

AT this stage am I eligible for interim EAD coz. its been more than 120 days since EAD and AP were applied originally.

Any/ all input appreciated.

Thx.
 
gcconfusion, the 90 Day wait time gets reset from the time a reply for RFE is received. So please start counting till 90 days from date teh RFE reply was received.
 
gcconfusion, the 90 Day wait time gets reset from the time a reply for RFE is received. So please start counting till 90 days from date teh RFE reply was received.
 
Since ur RFE was only on 140, you may approach ur local BCIS to ask for an Interim EAD. As per BCIS you may not have access to your 140 as your employer handles the 140. As far as u have no RFE on 485 and u have passed the specified time u are eligible for interim.
Anyways it never hurts to try at ur local office.

HTH

dyno

Originally posted by gcconfusion
Thanks a lot guys;

I did get an RFE at 140 reg. Co. financials, which had been replied to. It's been a month, but still I did not get my EAD and AP. The original ND for 140 and 485 was in mid May 03.

AT this stage am I eligible for interim EAD coz. its been more than 120 days since EAD and AP were applied originally.

Any/ all input appreciated.

Thx.
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