I applied for I-140 premium processing under EB-2 back in November 2006 and it got denied stating that my certified labor only qualifies for EB-3. Then again I applied under EB-3 in Dec 2006, I couldn't do premium processing at that time because original labor was still with NSC and my lawyer told me that we can apply for the premium processing once we get the receipt number. I got the receipt number on Dec 19th 2006 then recently on Jan 04, 2007 my lawyer applied for premium processing. But today my lawyer received a letter from NSC stating that "premium processing is not available to Labor Certification substitution requests".
The original labor which is under my name is still with USCIS and my lawyer requested the USCIS to use Labor certification LINXXXXX when he applied for premium processing. My question is: since the original labor is still with USCIS (which is under my name), shouldn't they accept it for premium processing? Also, when will USCIS return the certified labor to lawyer?
I am on 6th year H-1B and is expiring on March 2007. I have to do premium process and get I-140 approved so that I can get 3 yrs extension. Please advise.
Thanks!
The original labor which is under my name is still with USCIS and my lawyer requested the USCIS to use Labor certification LINXXXXX when he applied for premium processing. My question is: since the original labor is still with USCIS (which is under my name), shouldn't they accept it for premium processing? Also, when will USCIS return the certified labor to lawyer?
I am on 6th year H-1B and is expiring on March 2007. I have to do premium process and get I-140 approved so that I can get 3 yrs extension. Please advise.
Thanks!
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