I-140 filing without LC

O

obelisk

Registered Users (C)
Has anyone ever filed an I-140 at the TCS, and requested the USCIS to contact the BEC directly for a certified duplicate of the LC and gotten the I-140 approved?

After 6 long years and 1 re-filing later, my labor cert was finally approved in Oct 2006. But...they lost it. I have tried many times either by myself or through my local congressman's office, to contact the PBEC for a copy. Surprisingly, they were being very nice about it, and kept on telling us that it's not a problem, they will send a certified duplicate out asap. Well, it turned out that these fine folks at the PBEC were nothing more than a bunch of bureaucratic liars.

They don't flat out tell you that they won't send it out, and you should just file without the LC and let USCIS contact them directly, instead they gave you the run-arounds, and the false hopes that it may be in your mail box within a week or so. Well, months have gone by, finally in mid-December 2006, I just couldn't wait any longer. So at the recommandation of my lawyer, we filed the I-140 with the TCS without the LC. If I had known that I will never receive my LC, I could have filed back in October. I checked with my lawyer on Jan 10, just out of curiosity, whether my LC has EVER arrived, like PBEC had promised; it hasn't.

I don't know if the PBEC is set up to handle individual requests for LC copies, all I can hope is that there is a procedure in place to handle official USCIS requests, I hate to see my I-140 pending forever because the PBEC also flaked on USCIS in sending out the LC.
 
I have a similar story. My LC was certified on Oct. 24, 2006. Waited for two months with no luck. Filed for Duplicate LC Request to TSC on Dec. 28, 2006. I think(hope) they have an effecient verification system between DOL and USCIS. Otherwise we're screwed big time, again. Lets wait and see.
 
Was your LC from PBEC or DBEC? Did you try to contact them to get a duplicate? Mine was from Phili, and the whole thing, since the LC approval, was just such a horrible experience. On the day we finally filed the I-140 without the LC, I was just so relieved and happy because I never have to deal with them ever again. They are all contract workers, whose employment will end with the LC backlogs gone. Now looking back, of course they have every reason to drag their feet just to prolong their pathetic employment. As long as I don't get laid off, I will still have a career by the end of the year, these people on the other hand, will be waiting in the unemployment line when comes October 2007. It's amazing that while employeed, these non-skilled, bottom-of-the-chain people can have so much power to ruin people's lives. Dose it really take 2+ months to make a photo copy of the approved LC and mail it to an address? I guess to these bottom feeders, yes, it does.

Keep me posted on your status, and I will do the same.
 
We were from the same lucky house, Philly. I used to send them fax every week to request for the original 750. The fax was signed by the employer. No use. My attorney called the officer who processed my case in Dec. The officer said:" It happens. Just go ahead and file I-140. We'll provide a copy to USCIS once USCIS requests it. " . Lets wait and see if this request delays the processing of I-140 to a great extent.
 
you can file 485 if your PD is current

I am in simiar boat. Mine LC was approved in mid Sep 2006. After waiting for 3 months i filed 140 with request of duplicate LC. I got the receipt and then decided to file 485 since my PD is way current. IT is a nightmaire. Mine LC was with Texas. My attorney did everything - send email, call, fax... nothing happened.
 
Codex889,
Becareful...you cannot file I-485 even if your priority date is way current because your LC is missing, through no fault of your own....

"If the labor certification is missing, only the I-140 petition can be filed. Even if the individual would otherwise be eligible to file the I-485 (and with retrogression, many are not eligible), the I-485 application will not be accepted."

These BECs are ruining people's lives!
 
Filed for I-140 with request for duplicate LC

My story is same as you guys, labor certified last year october, tried everything to get the certified copy, but nothing worked. Filed for i-140 on Jan 10th at texas service center. Please post any updates
 
hi, for those who filed I485 without LC, did your cases get accepted? i just filed my I140 since my lawyer said i can not file I485 without LC.
 
Filed without LC

shoutout said:
hi, for those who filed I485 without LC, did your cases get accepted? i just filed my I140 since my lawyer said i can not file I485 without LC.
Click to expand...

Shoutout,

You could file concurrently as long as you explain your situation to them (approved but didn't receive the certified documents). Just bear in mind, they might issue RFE for your original certified ETA 750 (I-140). The bright side is that you will have your working permit, travel document and I-485 being processed. As for my case, I have my working permit and travel document approved and finger printing done for my I-485. Worst scenario, they would just return your working permit, travel document and I485 application back to you, if they don't allow concurrent filing without LC document. Good luck guys.


aycy
I-140/1-485/I-765/I-131 RD October 16'06
I-757 AD Nov 3’06
I-131 LUD Nov 21’06 AD Nov 27’06
FP November 8'06
I-140 LUD Nov 7’06, RFE Nov 9’06, LUD Nov 13’06 LUD Dec 16’06 (RFE not received)
RFE resend Jan 30’07, Jan 31’07 LUD, Feb 1’07 LUD.
RFE received Feb 5’07
Send to Nebraska but receive from TSC
 
Hi, Aycy, thanks a lot for the reply. i will do the same then, i really wish that i can get the AP and working permit soon.
 
obelisk said:
Codex889,
Becareful...you cannot file I-485 even if your priority date is way current because your LC is missing, through no fault of your own....

"If the labor certification is missing, only the I-140 petition can be filed. Even if the individual would otherwise be eligible to file the I-485 (and with retrogression, many are not eligible), the I-485 application will not be accepted."

These BECs are ruining people's lives!
Click to expand...

Thanks for reminding. I have done study before making this decision and i know DOL posted some fu*king document on not filing 485 ...However, I have consulted my attorney. The only risk, if i file 485 without original LC, is my 485 will be denied. However, i can file 2nd time when 140 is approved. Therefore, the only risk becomes to pay one more time. It is acceptable. I have seen many people in similar boat filed 485 and were accepted. For me, AP and EAD are more important and i am willing to accept the risk.
 
Anyone in this group, did your I-140 got approved with the request for duplicate copy of labor? I applied on January 15th and today i got an email saying that they have sent an RFE notice. Does it mean that they got the labor certificate from DOL? or this is the first step before requesting the labor copy? Any input will be appreciated.

Thanks,


obelisk said:
Has anyone ever filed an I-140 at the TCS, and requested the USCIS to contact the BEC directly for a certified duplicate of the LC and gotten the I-140 approved?

After 6 long years and 1 re-filing later, my labor cert was finally approved in Oct 2006. But...they lost it. I have tried many times either by myself or through my local congressman's office, to contact the PBEC for a copy. Surprisingly, they were being very nice about it, and kept on telling us that it's not a problem, they will send a certified duplicate out asap. Well, it turned out that these fine folks at the PBEC were nothing more than a bunch of bureaucratic liars.

They don't flat out tell you that they won't send it out, and you should just file without the LC and let USCIS contact them directly, instead they gave you the run-arounds, and the false hopes that it may be in your mail box within a week or so. Well, months have gone by, finally in mid-December 2006, I just couldn't wait any longer. So at the recommandation of my lawyer, we filed the I-140 with the TCS without the LC. If I had known that I will never receive my LC, I could have filed back in October. I checked with my lawyer on Jan 10, just out of curiosity, whether my LC has EVER arrived, like PBEC had promised; it hasn't.

I don't know if the PBEC is set up to handle individual requests for LC copies, all I can hope is that there is a procedure in place to handle official USCIS requests, I hate to see my I-140 pending forever because the PBEC also flaked on USCIS in sending out the LC.
Click to expand...
 
re:

ssp123:
I believe the RFE was sent to you asking for the certified copy of the LC. When I sent mine without the LC, I attached a flourescent cover page asking them to not reject my case. I stated my case number and PD and also a screen shot of the case approval. I also attached a copy of the approval notification letter sent to my employer. I asked TSC to request the certified copy directly from PBEC, because PBEC was been VERY uncooperative in sending me a copy. it's been almost 4 months, and I haven't received any RFE yet.
 
Please note that USCIS will not premium process I-140 with a duplicate LC request. There are instances where the $1000 check is returned.
 
Today my lawyer received the RFE and you were right, it was for certified copy of LC. I had told my lawyer when she filed for I-140 to send a request for duplicate copy of LC. I am not sure whether she did it or not. My labor was approved last september and there is no certified copy yet.

obelisk said:
ssp123:
I believe the RFE was sent to you asking for the certified copy of the LC. When I sent mine without the LC, I attached a flourescent cover page asking them to not reject my case. I stated my case number and PD and also a screen shot of the case approval. I also attached a copy of the approval notification letter sent to my employer. I asked TSC to request the certified copy directly from PBEC, because PBEC was been VERY uncooperative in sending me a copy. it's been almost 4 months, and I haven't received any RFE yet.
Click to expand...
 
ssp123

Do you know how your lawyer will be responding to this RFE?

-K

ssp123 said:
Today my lawyer received the RFE and you were right, it was for certified copy of LC. I had told my lawyer when she filed for I-140 to send a request for duplicate copy of LC. I am not sure whether she did it or not. My labor was approved last september and there is no certified copy yet.
Click to expand...
 
Kahada,

My lawyer said she already responded to the RFE saying the original was never received from DOL. She didnt give me any other details.

--ssp123

Kahada said:
ssp123

Do you know how your lawyer will be responding to this RFE?

-K
Click to expand...
 
ssp123

I made the same mistake as you in trusting PBEC under the false hope they had given me, that a certified copy of the LC will be mailed to my lawyer "...in about a week or so..." Finally, after 3 months of "...a week or so..." I wised up and asked me lawyer to file without the LC. TO THIS DATE, almost 6 months after, my lawyer never received the promised copy. Am I glad I didn't keep on waiting!!!

Some lady (supposely the main contact for this sort of issues) at the PBEC gave me the run-around (VERY friendly though). She bald faced lied, and wasted 3 months of my time. She could have just told me that they won't send it, so I can just move on with my life, but instead she asked me to fax this, email that, etc...All for nothing, she had no intention on sending it.

I am sorry for being so angry, I know I said the same thing when I started this thread, but after hearing your story and your experience with PBEC, it made me angry all over again with PBEC and the nightmare I had to go through with these inept bureaucrats.
 
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obelisk,

I can understand your anger. I went through all this fax, email and telephone calls to PBEC, Lawyer, employer.... Nothing worked.I had roller coaster of emotions of anger, sadness, helplessness ,frustration, anxiety etc. Now I just feel numb. I dont want this green card to hold me hostage anymore. Just hoping now the PBEC will send the duplicate CERTIFIED labor copy to USCIS.
--ssp123

obelisk said:
I made the same mistake as you in trusting PBEC under the false hope they had given me, that a certified copy of the LC will be mailed to my lawyer "...in about a week or so..." Finally, after 3 months of "...a week or so..." I wised up and asked me lawyer to file without the LC. TO THIS DATE, almost 6 months after, my lawyer never received the promised copy. Am I glad I didn't keep on waiting!!!

This bureaucratic hag in PBEC named STACY LASSITER (She is the main and only contact there for this kind of requests), was the one who gave me the run-around (VERY friendly though). She bald faced LIED, and wasted 3 months of my time. She could have just told me that they won't send it, so I can just move on with my life, but instead she asked me to fax this, email that, etc...All for nothing, she had no intention on sending it. I honestly think she just enjoys F***ING with people because she will be out of a job by October.

I am sorry for being so angry, I know I said the same thing when I started this thread, but after hearing your story and your experience with PBEC, it made me angry all over again with PBEC and the nightmare I had to go through with these inept bureaucrats.
Click to expand...
 
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