aatishshukla
New Member
I came to USA from Canada border and have been in this country since 1999.
My employer filed labor for a person (Mr. ABC - who was in India) and got it approved on August 1997. Following the Labor Certificate, my employer filed I-140 for Mr. ABC (Priority Date July 21, 1997). Person ABC was not awarded VISA since he was in India. Then my company used the same labor for person XYZ (He was in India as well) and got it transferred for Mr. XYZ. I-140 was filed for Mr. XYZ and he was awarded same priority date (July 21, 1997). Mr. XYZ failed interview in India and was not awarded VISA either. Finally Labor Certificate was transferred on my name. (In short it is a God Father/Grand Father case). I filed my I-140 on November 2002 but I was not awarded any Priority Date.
Please note that this Labor Certificate is approved under section Skilled Worker or Professional (Cook).
As per my understanding the new law approved by USCIS says that those people who got their Labor Certificate approved prior to January 2002 can file for their Permanent Residency. In my case the original Labor Certificate (That was approved for Mr. ABC earlier and then transferred on Mr. XYZ's name and finally transferred on my name) was approved on August 1997. (Please be informed that when I got LC transferred on my name; Labor Certificate Transfer Notice is dated May 2003.) Then I filed for I-140 on November 2002 and was never provided with a Priority Date. I have not heard anything from INS since filing of the I-140.
Q 1. Is my Labor Certificate considered approved on August 1997 (The date when it was originally approved for Mr. ABC) or it is considered approved on May 2003 (When I got LC Transfer Notice)?
Q 2. As of today, since I don’t have I-140 approved; can I file for Work Authorization and Permanent Residency and/or both together?
Q 3. Since I came from Canada Border, I don’t have I-94. I still can prove that I have been living in USA since before year 2000. I have letter from Temple saying I have been visiting it since year 2000 and also I have an Affidavit from a citizen saying I was in this country before 2000). Are these proofs considered enough and acceptable by INS when I file for PR?
Q 4. Do you believe that if I ask for Priority Date (Since I never got one from the beginning), it might help me someway?
Q 5. Lets guess that I get priority date upon filing of my I-485, do you believe that it might create some problem during the time of interview due to complications in my case. (God Father/Grand Father Case)
I am really very confused here and every lawyer that I have seen regarding this so far are giving me different and confusing response/answer. I believe that some of you will be helpful in this.
Thank You
My employer filed labor for a person (Mr. ABC - who was in India) and got it approved on August 1997. Following the Labor Certificate, my employer filed I-140 for Mr. ABC (Priority Date July 21, 1997). Person ABC was not awarded VISA since he was in India. Then my company used the same labor for person XYZ (He was in India as well) and got it transferred for Mr. XYZ. I-140 was filed for Mr. XYZ and he was awarded same priority date (July 21, 1997). Mr. XYZ failed interview in India and was not awarded VISA either. Finally Labor Certificate was transferred on my name. (In short it is a God Father/Grand Father case). I filed my I-140 on November 2002 but I was not awarded any Priority Date.
Please note that this Labor Certificate is approved under section Skilled Worker or Professional (Cook).
As per my understanding the new law approved by USCIS says that those people who got their Labor Certificate approved prior to January 2002 can file for their Permanent Residency. In my case the original Labor Certificate (That was approved for Mr. ABC earlier and then transferred on Mr. XYZ's name and finally transferred on my name) was approved on August 1997. (Please be informed that when I got LC transferred on my name; Labor Certificate Transfer Notice is dated May 2003.) Then I filed for I-140 on November 2002 and was never provided with a Priority Date. I have not heard anything from INS since filing of the I-140.
Q 1. Is my Labor Certificate considered approved on August 1997 (The date when it was originally approved for Mr. ABC) or it is considered approved on May 2003 (When I got LC Transfer Notice)?
Q 2. As of today, since I don’t have I-140 approved; can I file for Work Authorization and Permanent Residency and/or both together?
Q 3. Since I came from Canada Border, I don’t have I-94. I still can prove that I have been living in USA since before year 2000. I have letter from Temple saying I have been visiting it since year 2000 and also I have an Affidavit from a citizen saying I was in this country before 2000). Are these proofs considered enough and acceptable by INS when I file for PR?
Q 4. Do you believe that if I ask for Priority Date (Since I never got one from the beginning), it might help me someway?
Q 5. Lets guess that I get priority date upon filing of my I-485, do you believe that it might create some problem during the time of interview due to complications in my case. (God Father/Grand Father Case)
I am really very confused here and every lawyer that I have seen regarding this so far are giving me different and confusing response/answer. I believe that some of you will be helpful in this.
Thank You