At Last received RFE? strange situation please help

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Explorer19

Registered Users (C)
Hi Folks
I-140 NOT concurrent/ labor substitution/EB3

RD: 25 NOV 2002
ND: 04 DEC 2002

RFE issued: 5 NOV 2003

didn't receive RFE (neither company nor Attorney)

Attorney called BCIS and they told to call back after 30 days on 5 dec 2003.
we called again and updated attorney's address by filing G-28 and this time BCIS took attorney's address and also company's address

RFE reissued: 10 DEC 2003

RFE received by Company on 13 DEC 2003 (still lawyer didn't receive it)


RFE: Need original copy of labor

the problem: My attorney says that he had already sent the original labor when they applied for my I-140


what should i do now?????

Please help. Your comments are appreciated
 
Explorer19

One of the I-140 application from our employer had same RFE issued i.e. LC missing.

Attorney responded by saying, "original LC was attached with I-140 petition and copy is attached with RFE response". In the mean time employer also requested Philly DOL to issue a duplicate LC, just in case.

They are still waiting to hear back from USCIS & Philly DOL.
 
I am not sure about the exact RFE date but it happened sometime 3rd week of November 2003 and attorney responded back within days.

USCIS case status is also updated accordingly on Dec 05, 2003.

Attroney was pretty sure that response is good enough and things should be all right because employee recieved AP/EAD sometime April 2003. He even suggested not to get in touch DOL regarding duplicate LC but employer did it anyway. They are waiting to hear back from USCIS.
 
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Explorer19

My guess is that your LC was a bit old (atleast 1-2 year old). The LC format had changed a bit a year back. Maybe the personnel accessing your case was confused by that.

What 'usnycus' says is right. Ask your attorney to write a decent explanation and if it quicker ask your attorney to get dup LC from DOL

hth
dyno
 
Explorer19

In our case, LC was approved sometime back in Sep 2002.

I think it's USCIS mess nothing more then that. As dynobuoy said, ask your attorney/employer to give explaination while replying RFE...

Good Luck Buddy....
 
Explorer19

Just checked status regarding the case I reported earlier, It's APPROVED.

USCIS got response back on 12/05/2003 and they approved it today.
 
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