I-140 filing without LC

obelisk said:
I-140 PD: 12/20/06 (Filed without LC, requested USCIS to contact PBEC directly for certified copy)

My dillima right now is: My I-485 filing priority date is almost near in a month or two, and I think they will also get to my I-140 within 2 months or so. In order to file concurrently, the I-140 cannot be approved (correct me if I am wrong), so I actually kinda wish they don't process my I-140 so as to give me enough time to file I-485, that way, it can still be considered as concurrent filing and I will get to keep the 12/20/06 PD for my I-485. Anyone has any feedbacks?
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Why do you need your case to be concurrent? What's wrong if I-140 get adjudicated before your PD becomes current?
 
Filed I-140 without LC

hi everybody,
Was looking for this thread/topic for 2 weeks now.My LC was approved mid march and got the letter from PBEC saying ..attached is approved ETA-750,but there was no such form.I thought it was just for the letter my employer received.But looks like even my attorney didnt receive it.
My attorney went ahead and filed my I-140 yesterday using premium processing.
I came to know about these faq only today about requesting duplicate ETA 750.
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http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#backlog

See the section under TRADITIONAL RECRUITMENT (TR)
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I dont think my attorney requested any duplicate.Is this going to be a problem?Will my I-140 be rejected?
 
I did not discover this thread until today because my I-140 was filed with the Nebraska Center, but I do have the same story.

Labor was apporved last November, employer received the approval letter but not the ETA 750. Employer and lawyer had sent multiple request to PBEC without results. Finally filed I-140 with duplicate LC request in late December. No update since then.

Since then, employer had been making calls to PBEC frequently but always get automatic voice mail. But finally someone did respond and ask us to sent a fax request to them. Fax sent, a month later still not LC, called multiple times again, got respond asking us to sent a letter, letter sent, still no LC, multiple calls again, they told us to send letter again. Last week, finally got a letter from them telling us we can't request duplicate LC, only the USCIS can. Why can't they told us so at the beginning?

During the quest of LC, I called USCIS and a woman told me to go ahead file for premium so that they can expedite the LC request. Application was sent last month but it was rejected due to the lack of LC. Not only PBEC can lie, the USCIS too. Besides that, USICS had my application for months and they know they need to request LC for my case, but they haven't done a thing.

You guys are lucky that you're filing with the Texas Center, which is way ahead of Nebraska. Nebraska did not move an inch fo the last month. There is no hope for me to get I-140 approval anytime soon. I can't file I-485 even though my PD is way current. It also aggrevate me to see people with PD later than mine got their GC way before me.

PS: I went for an INFOPASS appoinment today and all they can say is they can't help me. They also told me to ask USCIS to expedite the the LC request. Don't you just like people who don't know what they are talking about?
 
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Ftsoh:
Why can't you file your I-485 if your PD is way current? My I-140 is pending, but I am planning on filing my I-485 anyway because my PD is almost up. So you are another victim of PBEC eh? Exactly as you said, and it had been my biggest grievance against PBEC: Why didn't they just tell you they won't send a certified copy to you in the beginning, instead of stringing you along, wasting your precious time and tell you to go pound sand at the end.

Hariom:
Without a certified copy of the LC from PBEC, I don't think premium process is available, so your application may get rejected and become just a regular process (they won't reject your case). Also since your lawyer didn't specifically ask the USCIS to ask PBEC for a certified copy of the LC, you should expect to receive a RFE, which you would then have to explain to the USCIS the situation and ask them to talk to PBEC. My lawyer knew this was going to happen, that's why we just attached a screen-shot of the approval printed on a flourecent yellow paper, and on the top it says "LC Mis-Delivered by PBEC, DO NOT REJECT!!!". We also attached the approval notification letter to my company. Although it's still pending, we haven't seen an RFE yet.
 
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obelisk said:
Ftsoh:
Why can't you file your I-485 if your PD is way current? My I-140 is pending, but I am planning on filing my I-485 anyway because my PD is almost up. So you are another victim of PBEC eh? Exactly as you said, and it had been my biggest grievance against PBEC: Why didn't they just tell you they won't send a certified copy to you in the beginning, instead of stringing you along, wasting your precious time and tell you to go pound sand at the end. These arn't just inept government workers, these are also horrible human beings.
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Obelisk, I would like to give it a shot and file I-485, but my lawyer do not allow that since I don't have the original LC. Besides that, all my I-485 papers are in possession with the lawyer. That's another thing that make me mad, I had done the medical checkup back in November once I know my LC is approved and it is laying in the lawyer's office waiting for its expiration date.
 
ftsoh,
I think you cannot file premium, which is understandable. When USCIS find you don't have an original LC in your application, they will reject it without thinking. I think most of the government people never think, all they do is say whatever to push you away so you will not "trouble" them.

In the instruction it says you cannot file 485 cocurrently either. but some people tried and it turns out to be ok. Certainly there is risk that your 485 will be rejected according to the instruction, but I think it is worth a try with a few hunderd $s, compared to the waiting time.

Don't rely on the lawyer too much, when something happens, they don't know either. Check this board to see what others are doing.
 
pp555 said:
ftsoh,
I think you cannot file premium, which is understandable. When USCIS find you don't have an original LC in your application, they will reject it without thinking. I think most of the government people never think, all they do is say whatever to push you away so you will not "trouble" them.

In the instruction it says you cannot file 485 cocurrently either. but some people tried and it turns out to be ok. Certainly there is risk that your 485 will be rejected according to the instruction, but I think it is worth a try with a few hunderd $s, compared to the waiting time.

Don't rely on the lawyer too much, when something happens, they don't know either. Check this board to see what others are doing.
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I also came to realized that I know more than my lawyer, especially after folowwing this forum for the last 5 years. :)

So far, I only knew a handful of people who file I-485 without LC. But I am not sure whether they file it with Nebraska or Texas Center? Mine falls in Nebraska. Didn't the Nebraska Center tend to be more rigid? Had anyone application rejected?

Besides that, I sent my lawyer all the paperworks for filing I-485, including the health exam report. It would be very difficult for me to ask him to send it back to me.
 
ftsoh,

I see. I filed in TSC, not sure about NSC. They may follow different procedures. Another way you can try is to contact your congressman to see if he can help to find your status.
 
I filed my I140 and 485 with Nbraska service center without LC. They accepted my applications. Ofcourse there is no status change afer it has been accepted.

My LC was returned to PBEC as attorney moved office. PBEC said they cannot give copy and only USCIS can request it.
 
I hope you are right PP555 that it won't take too much time for the TSC to get a cetified copy (duplicate) from PBEC. Since it should be a procedualized process (one would think) between the two departments, it'd be hard for the PBEC to ignore the request from USCIS.

Apparently it is PBEC's policy that duplicate LC can only sent to USCIS. Threfore they have the responsibility to make this policy clear to individuals who ask for them. They cannot just make people jump through hoops in the hopes of obtaining duplicates, only to tell them at the end that it's their policy to not send it. People such as myself put our I-140 applications on hold because we were mis-led.
 
Any who filled I140 without the orignal Labor Certificate go approved? Mine was filled in Jan 2007, It went to Texas Service Center. No movement since then.

PD: 07/2002 (EB3)
 
Hi gchow1,
Not to scare you but you might have a very long wait ahead for your I 140 . My case was filed with the copy of the labor in Sep 2005 and it is still pending for almost 21 months . Still fighting to get it cleared . So have very long patience and pray .
 
Question

Hi wlj_wzz,
It appears that you applied for 485 without having the original copy of LCA. Did you have any issues with that because I a hearing that one cannot apply 485 if the original LCA is missing.
Can you please explain any special procedure you followed?

With the priority dates being "current" for July 07 bulletin, it would hurt big time if we cannot apply for 485 now and next month the dates retrogress again.


wlj_wzz said:
Just wanted to share my good news: my I-140 is approved. As you may know, I didn't receive my certified LC and had to file I-140 & I-485 with a request for duplicate LC on Dec 28, 2006. I thought I would get a RFE for original LC, but surprisingly no. My case didn't get any update until the day it was approved, Apr 19, 2007. So I guess maybe there's some kind of electronic verification system setup between Labor department and USCIS, so a verification can be done instantly. Anyway, I'm so glad it's over with. Now I'll just sit tight and wait for the 485. Hooray!:D
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Question

PBEC_Victim,
I am in the same boat, didnt get the original LC from DOL.
I believe u filed 485 even when you didnt have original labor. Was ur lawyer ok with that or u filed on ur own?


PBEC_Victim said:
I filed my I140 and 485 with Nbraska service center without LC. They accepted my applications. Ofcourse there is no status change afer it has been accepted.

My LC was returned to PBEC as attorney moved office. PBEC said they cannot give copy and only USCIS can request it.
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did some research, so i answered my own questions.

questions for the people in this thread:
1. anybody who filed I485 got rejected? It seems that nobody got rejected so far.
one guy got rejected. i found it out in the backlog center thread. not sure it is in the TSC or NSC.

2. if I485 rejected, INS will charge the application fee?
still don't know.

3. can we file the I485 ourself without lawyer?
yes. you can file the I485 yourself.

one more question, for those that I485 got accepted, what document do you use to prove your labor priority date?

thanks!
 
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