how to get a duplicate ETA 750 (approved earlier)

M

ma_user

Registered Users (C)
Mine is a case of Concurrent filing for
I-140/I485, without the original labor certification, as the original ETA-750 was never received by the attorney ( only the approval letter was sent ). I was told that the company/attorney cannot obtain a copy directly from the USCIS, and would have to rely upon the USCIS asking the DOL for a copy.

EB3 category , VSC.
RD for 140 : July 1,2003.

No updates whatsover after the filing.

Any info. in similar cases would be much appreciated.

Thanks.
 
call the DOL regional and ask them send you the ETA 750 form
They will ask you for the details like DOT code. If you don't have DOT code then you have to give details like name and job title.

Your attorney should have gotten the form ETA 750 when he got the approved labour.
 
I-140 should be filed along with original ETA-750 form. Your employer/attorney are right. They will not issue you the copy of this document. If CIS request it they will send directly to them.

If you want just a copy you can go FOIA and get a copy.
 
Thanks hmd.

I spoke to the regional office, they say that they cannot give a copy, and essentially said the same thing as my attorney - Send a letter to BCIS along with the I-140 application, to ask the BCIS to request the copy from DOL.

The regional office says that this is something that usually occurs because files get misplaced ,etc. As dreadful a thought as it may be , atleast there seems to be a process for this, and I was told that they do not give a copy since it could fall in wrong hands.

I tried to find the amount of time it takes for this request to be handled, but could not get a real time-frame, nothing specific.

Has anybody ever been in similar situations ? Any ideas at all ?
Is there anything else I could do to help my cause ?

Thanks.
 
If it is misplaced by attorney's office it is really bad. You can ask the DOL in the form of FOIA to provide the copy of the form. But you do not have to worry CIS will get that copy.
Are you using Labor substitution? This is very common with substitution cases with revoked I-140.
 
you can use FOIA at DOL. If they say they can't do it then find out how the lawyer lost it whether he didn't get it from DOL or his office lost it (which they won't say even though they lmight have ost it).

so the best bet is ask the lawyer to send an request to DOL saying that they don't have 750A&B cause they didn't receive it from DOL.

btw how come you didn't do anything about it till now when you have applied for I140 in July 03??

added later

search on forums for FOIA at DOL
 
I have new things to add to this thread :

After a telephonic call to the DOL, I was told that it sometimes happens that the original Labor cert. is sent to the company's office , typically to the person who signed your Labor application from the company's perspective.

When I followed up, to my utter shock , I found this is what happened in my case. Today I am told that the original was lying safely in my file !!!

Here is the question : Can this be now sent to add to my I-140 application ? Has anybody sent something later to be added on to the original set of documents sent when applied ?

What are the pros and cons of doing this ? It is likely that my case is / about to be touched at this time. If the original is now sent to be added on to the file , would it reach safely to the file ?

Any help is much appreciated.

Thanks.
 
You should wait for RFE to come. Then you can ask your lawyer to send original copy and insist on sending original copy only rather than asking thru DOL. Getting thru DOL takes more time.

Do not send LC till asked, it may be misplaced. Send it with RFE(you will get one.).

FIOA is not used for this purpose and you will not get a duplicate of LC, but it is nice to know about FOIA. You can find details on this site(search), uscis site and DHS site.
 
Last edited by a moderator:
I 140 RFE- still not received

My online status shows that the RFE on 140 has been mailed on 7th May,2004.My lawyers as of today say that they have not yet received.How much time does it take to receive the RFE.What is the process of getting a duplicate after 14 days.
Any inputs on this will be of great help.

Concurrent filing 140/485
EB3 category , VSC.
RD for 140 : July 1,2003
 
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