I-140 Labor Sub with Copy of Labor Cases

Chances of LC Substitutin Success

Thanks for all the replies.

The certified LC asked for Masters in Chemistry/Biotechnology and I got mine evaluated to Masters in Organic Chemistry. Salary I get is more than specified in the LC.

Column 15 : Other Special Requirements : I got all of them covered except one [ 7 out of 8 words] via detailed experience letter as an affidavit of vice president of previous company. I got all the experience letters [on company letter head -- which says he worked from X date to Y date]

The approved LC was for a similar post I am working for last 4 years. It was for my ex-colleague.

Given all these facts ,What do you guys think of the chances of I-140 approval. The PD is current for I-485 but I am not filing that and would do the PP first as I have the original papers with me.

TIA
gbsp
 
gbspxbox said:
Thanks for all the replies.

The certified LC asked for Masters in Chemistry/Biotechnology and I got mine evaluated to Masters in Organic Chemistry. Salary I get is more than specified in the LC.

Column 15 : Other Special Requirements : I got all of them covered except one [ 7 out of 8 words] via detailed experience letter as an affidavit of vice president of previous company. I got all the experience letters [on company letter head -- which says he worked from X date to Y date]

The approved LC was for a similar post I am working for last 4 years. It was for my ex-colleague.

Given all these facts ,What do you guys think of the chances of I-140 approval. The PD is current for I-485 but I am not filing that and would do the PP first as I have the original papers with me.

TIA
gbsp
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You should be covered on your I-140 from the facts you presented. If I were you I would file it concurrently (or semi-concurrently). Sometimes the I-140 goes to TSC and in TSC it gets approved fast. Based on where it goes and how soon you need the I-140 (if there are other reasons such as H1 close to 6 yr completion) approved, you might want to think about PP. There are more benefits in applying for I-485 (unless you aren't already married), if you have the PD current.
The experience letters are prior to the original LC file date and not related to your employment with your present I-140 filing company, isn't it? The job description and qualifications on the LC must match those that you had prior to the LC filing date.
 
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thanks gcpursuer for your reply.

What do you mean by semi-concurrently ?

Yes. All the experience letters are prior to the LC filing date and from previous employers.

I joined the current employer six months prior to this approved LC filing date. In such a case, can I also attach the experience with the current company as an additional measure ?

Do any one have an exp. with LC sub where the qualification is a specialised branch of the asked major field of study [like organic chem when it is Chem] ?

TIA
gbsp
 
gbspxbox said:
thanks gcpursuer for your reply.

What do you mean by semi-concurrently ?
First apply I-140 and then after getting the receipt apply for I-485 using the A number.
Yes. All the experience letters are prior to the LC filing date and from previous employers.

I joined the current employer six months prior to this approved LC filing date. In such a case, can I also attach the experience with the current company as an additional measure ?
They look for experience before joining the company and before the original LC was filed. If LC only states Master's, need to have Master's before LC filing date. If it says 5 yrs experience, need to have that experience before LC filing date.
Do any one have an exp. with LC sub where the qualification is a specialised branch of the asked major field of study [like organic chem when it is Chem] ?
Specialized branches shouldn't be an impact from the responses I have seen earlier in this forum. You may search the forum for more info.

TIA
gbsp
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Applied I-140 regular processing

hellogc_2006 said:
What is my option? Just apply for I-140 under regular processing and wait for the letter ?

Yes. I believe if you happen to get the original after applying I140, you can send it to USCIS

One more question : My friend is in similar situation, She is filing for I-140 regular processing requesting duplicate copy of LC but she is using sub labor.
Her H1 is expiring in Feb 07, Can She get 7th year H1 extension based on pending I-140 ?

Do you mean that LC already used before for I140 filing? Any case, I don't think she can extend H1 based on this LC, but I would suggest her to talk to her attorney. If I140 is applied 1 year back and still pending, then I think she can extend H1
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Thanks hellogc_2006 and osheth for your earlier reply.

Today my attorney applied for I-140 regular processing with the request for duplicate certified labor copy. When will I get the I-140 receipt notice and how do I know which center my I-140 is getting processed? I see Nebraska service center is taking longer time to process I-140 compared to Texas?

Thanks!!
 
Hi,
I am in the same boat like you. My PD is Mar 26th 2006. Got an RFE and replied in June. On their website, they say within 60 days. But, its been 7 months and no news. I asked my attorney to check and she sent three different requests, but no reply yet.

Please update, you hear back from them.

All the best.

gcpursuer said:
We just responded to the RFE and the online status says to expect written decision within 60 days.
Any ideas how much time it is taking for them to make a decision? Also they may need to request the original LC from other SC.
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GCRisk said:
Hi,
I am in the same boat like you. My PD is Mar 26th 2006. Got an RFE and replied in June. On their website, they say within 60 days. But, its been 7 months and no news. I asked my attorney to check and she sent three different requests, but no reply yet.

Please update, you hear back from them.

All the best.
Click to expand...

No decision made yet on mine. Any news on your I-140?
 
I-140 Approval?

Hi GCPursuer,
I am in a similar situation like you, got an RFE ona labor sub applied with a copy f labor certificate. My attorney is in the process of replying to the RFE. I was wondering if you got your I-140 approved and how long it took for the approval since the RFE response.
Thanks so much.
 
swash91 said:
Hi GCPursuer,
I am in a similar situation like you, got an RFE ona labor sub applied with a copy f labor certificate. My attorney is in the process of replying to the RFE. I was wondering if you got your I-140 approved and how long it took for the approval since the RFE response.
Thanks so much.
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What was the RFE for?
 
I-140 Rfe

My I-140 was filed with a copy of the labor certification since it was a labor sub and the original labor was filed with an I-140 for the original applicant and later withdrawn. The RFE was about the copy of the labor certification filed with my I-140. I guess the lawyer will justify the reason for filing my case with a copy and give them details on the original LC which the CIS should already have from the previous I-140 filing.
 
I-140 with copy of Sub labor

Any one got I-140 approved with copy of sub labor after june 2007? my case was sub labor and i got EAD/AP and waiting for I-140 approval.

Sub labor PD JAN 2000
I-140/485/AP/EAD submitted on june 21
AP/EAD approved

I-140????
485???
 
Hi Swash91,
My case is exactly like yours and my I 140 was also filed with a Labor copy as substitution , it is now pending for more than 2 years . When was your case filed and after how many days , did you get the RFE ?
 
sandipkarmakar1 said:
Hi Swash91,
My case is exactly like yours and my I 140 was also filed with a Labor copy as substitution , it is now pending for more than 2 years . When was your case filed and after how many days , did you get the RFE ?
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Sandip/Swash,
You guys need to get onto trackitt.com. We can start tracking 140 cases
 
I-140 Rfe

sandipkarmakar1 said:
Hi Swash91,
My case is exactly like yours and my I 140 was also filed with a Labor copy as substitution , it is now pending for more than 2 years . When was your case filed and after how many days , did you get the RFE ?
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My case was filed in March 2007 at TSC. Where was your case filed? The RFE was generated in August 2007, and the lawyers are working towards responding to the RFE.
Did you recieve an RFE? If so, when? Are you waiting after you responded to the RFE?

Thanks,
Ashwin
 
I-140 with copy of Labor

Hello All,
Did any of you that filed a substitution I-140 with copy of Labor Ceritificate get approved lately? My law firm is still working on responding to the RFE (we had 90 days to respond). My case is at TSC.
Ashwin
 
I-140 with Labor subsititution

swash91 said:
Hello All,
Did any of you that filed a substitution I-140 with copy of Labor Ceritificate get approved lately? My law firm is still working on responding to the RFE (we had 90 days to respond). My case is at TSC.
Ashwin
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What was your RFE about? I have a very similar case to yours. I have filed my I-140 with a labor subsititution on June 27th.
 
I-140 Rfe

MY RFE was for the copy of labor filed with my I-140.
My case was labor sub and my I-140 was filed with a copy of the labor since the original was filed with a previous I-140 that was later withdrawn an used for me. So the original labor is with CIS and that needs to be explained in the RFE response. I believe this might be the case with many labor sb I140 filings because INs never returns the original from a previous filing.
You may get an approval without any RFE if you are lucky...depends on the IO handling the case.
 
hellogc_2006 said:
Yes they need to request the orginal LC from other SC. If you have provided the I140 case# which was initially filed with the original labor, then that would be easy for them to locate. Where was the first I140 filed with the original labor? If it is at NSC, it may be fast too.

My first I140 filed in CSC. And also I don't know whether my name check clearance is effecting my I140 though some one replied that it shouldn't.

Thanks!
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Hi hellogc_2006,

I am in same boat you are in or you was in ...please share your experineces here...when did your I140 got approved ? did your get your I-485 approved yet?? please let me know...my case is exactly similar like yours:

I applied I-140 and I-485 concurrently with nov2002 EB2 labor substitute with NSC on Aug12th 2006

Got REF on I-140 --Mar 2007
Replied to I-140 on may 30th 2007 so far no response from NSC and no LUDs on I-140case
But in mean while my I-485 case got Transfered from NSC to VSC on July13th 2007
then we made call to USCIS to enquire about I-485 delay thought USCIS customer Excutives / IO will give info about I-140 when we ask about I-485 but it didnot happened they opened SR for I-485
SR trigged I-485 then again I-485 case got transfered from VSC to NSC on Oct 2nd 2007
and message says to speedup process but no LUD on I-140case

and again recently on Oct25th I-485case trnsfered from NSC to VSC..don't know what is happending there in NSC everytime transfering from NSC to VSC...


Mean while we got SR letter from NSC that we opened for I-485 case so we decided to go for INFOPASS appointment and we took appointment on NOV9th 2007 .......so that we will get chance to talk with IO and planning to talk about I-140 case delay also

I will post my experinces about my INFOPASS appointment...
 
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